CHARTER 


OF 

The  City  of  Charleston 


WEST  VIRGINIA  - 

AS  AMENDED  BY  LEGISLATURE  OF  1919 

*  * 


AN  ACT  to  amend  and  re-enact  sections  three,  four,  fiye,  nine,  ten, 
eleven,  thirteen,  fourteen,  fifteen,  thirty-five,  thirty-six,  fifty-one, 
seventy-five,  eighty-eight  and  ninety-three  of  chapter  one  of  the 
acts  of  the  legislature  of  one  thousand  nine  hundred  and  fifteen 
and  bound  in  a  volume  of  municipal  charters  of  such  acts  and 
known  as  the  “Charter  of  the  City  of  Charleston/5  and  to  add 

r 

sections  ninety-four,  ninety-five,  ninety-six,  ninety-seven  and 
ninety-eight,  ninety-nine,  one  hundred,  one  hundred  and  one  and 
one  hundred  and  two,  all  relating  to  and  becoming  a  part  of  the 
charter  of  the  city  of  Charleston. 


TRIBUNE  PRINTING  CO.,  CHARLESTON,  W.  VA. 

1919 


RULES 


"b  5  ’L.O'T.S  A 

e.'ist 


REMOTE  STORAGE 


BOQKSHTACKS  OEEiCE 

OF  THE 


Council  of  the  City  of  Charleston 


Rule  1.  The  Council  shall  meet  in  regular  public  session  at  the 
council  chamber  in  the  City  Building,  at  the  hour  of  8  o’clock,  P.  M.,  on 
the  first  and  third  Mondays  of  each  month.  Special  meetings  may  be 
called  as  provided  in  the  City  Charter. 

Rule  2.  The  Mayer,  or  President  Pro  Tern,  of  the  Council,  as  the  case 
may  be,  having  assumed  the  chair  and  a  quorum  being  present,  the  jour¬ 
nal  of  the  proceedings  of  the  previous  meeting  shall  be  read  to  the  end 
that  any  alterations  or  corrections  may  be  submitted  and  entered  of 
record. 

Rule  3.  The  Chief  of  Police  shall  attend  all  meetings  of  the  Council 
in  the  capacity  of  Sergeant-at-Arms ;  he  shall,  under  directions  of  the 
presiding  officer,  aid  in  the  enforcement  of  good  order  and  decorum,  to¬ 
gether  with  all  process  as  shall  issue  under  authority  of  council. 

Rule  4.  The  presiding  officer  of  the  Council  may  call  a  member  to 
the  chair,  who  shall  exercise  its  functions  for  the  time  being.  Any 
number  of  the  council,  less  than  a  quorum,  which  may  meet  at  any 
regular  or  special  session,  may  compel  the  attendance  of  absent  members 
of  the  Council. 

Rule  5.  The  Council  shall  have  nine  standing  committees,  which  shall 
he  designated  as  follows:  Committee  on  Rules,  Committee  on  Public 
Safety,  Committee  on  Police,  Committee  on  Finance,  Committee  on 
Streets,  Committee  on  Claims,  Committee  on  Water  Works,  Committee 
on  Ordinances  and  Committee  on  Cemetery.  All  Committees  to  consist 
of  five  members  except  Committee  on  Claims,  Committee  on  Ordinance 
and  Commitee  on  Cemetery.  The  Committees  on  Public  Safety,  Police, 
Finance,  Streets  and  Water  Works  to  be  appointed  by  resolution  of 
Council;  the  Committees  on  Rules,  Claims,  Ordinances  and  Cemetery 
to  be  appointed  by  the  Mayor. 

Rule  6.  When  an  ordinance  is  offered,  the  City  Clerk  shall  present 
and  read  the  same  in  full,  and  the  same  may  be  approved,  ratified, 
amended  or  rejected  by  a  roll  call  vote  as  provided  by  law. 

Rule  7.  The  rules  of  parliamentary  statute  comprised  in  “Robert's 
Rules  of  Order,  by  Col.  Henry  M.  Roberts,”  shall  govern  the  Council  in 
all  cases  not  provided  for  by  the  rules  of  Council  and  the  City  Charter. 
In  any  case  not  governed  by  the  said  manual  or  the  said  rules,  the  city 
shall  be  governed  by  the  practice  in  the  House  of  Delegates  of  the  State 
of  West  Virginia. 

Rule  8.  The  City  Clerk  shall  be  the  Clerk  and  the  custodian  of  all 
records  and  papers  of  the  Council. 


4 


Rule  9.  All  records  of  the  Council  shall  be  authenticated  by  the  signa¬ 
ture  of  the  Mayor  attested  by  the  signature  of  the  City  Clerk. 

Rule  10.  All  motions  and  resolutions,  if  desired  by  the  presiding 

officer,  or  any  member,  shall  be  reduced  to  writing  and  shall  be  read 

by  the  City  Clerk  before  the  same  shall  be  debated. 

Rule  11.  If  the  previous  question  be  demanded  by  not  less  than  three 
members,  the  presiding  officer  shall,  without  debate,  put  the  question: 
“Shall  the  main  question  be  now  put?”  If  this  question  be  decided  in 
the  affirmative,  all  further  debate  shall  cease  and  the  vote  be  at  once 
taken  on  the  proposition  pending  before  the  Council.  When  the  Council 
refuses  to  order  the  main  question,  the  consideration  of  the  subject  shall 
be  resumed  as  if  the  previous  question  had  not  been  demanded. 

Rule  12.  No  question  shall  be  debated  until  it  has  been  propounded 

by  the  Chair;  and  then  the  mover  shall  have  the  right  to  explain  his 

view  in  preference  to  any  other  member. 

Rule  13.  When  two  or  more  members  arise  at  the  same  time,  the 
Chair  shall  name  the  person  to  speak;  but  in  all  cases  the  member  who 
shall  first  rise  and  address  the  Chair  shall  speak  first. 

Rule  14.  No  one  shall  disturb  or  interrupt  a  member  who  is  speaking, 
without  his  permission,  except  to  call  to  order,  if  he  be  transgressing 
the  rules. 

Rule  15.  No  member  shall  speak  more  than  twice  to  the  same  ques¬ 
tion,  nor  more  than  five  minutes  without  leave  of  the  Council. 

Rule  16.  No  standing  rule  or  order  of  the  Council  shall  be  rescinded, 
suspended  or  changed  except  by  a  majority  vote  of  the  members  elected 
to  Council. 

Rule  16-u.  If  any  amendments  are  made  to  any  proposed  ordinance 
at  the  meeting  at  which  it  is  taken  up  for  consideration  and  final 
action,  such  ordinance  shall  not  be  passed  at  the  same  meeting  at 
which  it  is  so  considered;  provided,  further,  however,  that  after  all  parts 
and  sections  of  such  ordinance  shall  have  been  considered  and  any  amend¬ 
ments  to  such  ordinance,  no  further  amendments  thereto  shall  be  made 
at  any  subsequent  meeting,  except  by  unanimous  consent  of  all  members 
of  Council  present  at  such  subsequent  meeting. 

Rule  16-b.  All  ordinances  introduced  in  Council  shall  be  typewritten 
on  one  side  only  of  plain  white  paper. 

Rule  17.  The  order  of  business  for  each  meeting  shall  be: 

1.  Roll  call. 

2.  To  read,  correct  and  approve  the  minutes  of  previous  meetings. 

3.  To  receive  and  dispose  of  communications. 

4.  To  receive  resolutions  and  petitions. 

5.  To  receive  reports  of  standing  committees  and  other  officers. 

6.  To  receive  reports  of  special  committees. 

7.  Ordinances  introduced  and  referred  to  appropriate  committees. 

8.  Unfinished  and  miscellaneous  business. 

9.  Roll  call  and  adjournment. 


CHARLESTON  CHARTER 


Amended  by  Act  of  Legislature,  Session  of  1915;  as  Amended  Session 

of  1919.  In  Effect  From  Passage. 


Be  it  enacted  by  the  Legislature  of  West  Virginia: 

That  chapter  two  of  the  acts  of  the  legislature  of  West  Virginia, 
session  one  thousand  nine  hundred  and  nine,  as  amended  by  chapter 
eighty-four  of  the  acts  of  one  thousand  nine  hundred  and  eleven, 
granting  a  charter  to  the  city  of  Charleston,  and  amending  the  same, 
be  and  the  same  is  hereby  amended  and  re-enacted,  so  as  to  read  as 
follows : 


The  City  of  Charleston. 

Section  1.  The  inhabitants  of  all  that  part  of  the  county  of 
Kanawha  included  and  centered  within  the  limits  hereinafter  pre¬ 
scribed  in  section  two  are  hereby  made  a  city  corporate  and  body 
politic  by  the  name  of  “The  City  of  Charleston,”  and  as  such  city  it 
shall  have  perpetual  succession  and  a  common  seal,  and  by  that  name 
it  may  sue  and  be  sued,  plead  and  be  impleaded,  and  may  purchase, 
hold,  lease  or  sell  real  estate  and  personal  property  necessary  to  the 
discharge  of  its  corporate  duties,  or  needful  or  convenient  for  the 
good  order,  government  and  welfare  of  said  corporation. 

Corporation  Limits' 

Sec.  2.  The  corporate  territorial  limits  of  the  city  of  Charleston 
shall  comprise  all  that  part  of  the  territory  of  the  magisterial  districts 
of  Charleston  and  Loudon  in  the  county  of  Kanawha  and  State  of 
West  Virginia,  which  is  bounded  and  described  as  follows,  to-wit: 
Beginning  at  the  lower  or  west  property  line  of  Patrick  street  at  its 
intersection  of  the  Kanawha  river  at  low  water  mark,  in  Charleston 
district;  thence  following  the  property  lines  on  the  west  side  of  said 
street  northeast  to  a  point  on  the  northeast  side  of  the  Charleston 
and  Point  Pleasant  Turnpike,  common  corner  to  Littlepage  and  Gard¬ 
ner  lands;  thence  with  the  line  dividing  the  land  of  Littlepage  and 
Gardner  up  the  hill  six  hundred  feet  from  the  northeast  side  of 
Charleston  and  Point  Pleasant  Turnpike  to  a  stake;  thence  with  a 


6 


straight  line  in  an  easterly  direction  to  a  stake  at  the  extreme  northern 
end  of  Carr  street;  thence  with  a  straight  line  in  an  easterly  direction 
to  Magazine  Road,  or ‘Magazine  Branch,  at  a  point  on  the  southeastern 
corner  of  a  lot  belonging  to  W.  A.  Hoffman;  thence  with  a  line  of 
same  across  Magazine  Road  up  the  hill  fifty  feet  to  a  stake ;  thence  in 
a  southerly  direction  parallel  with  Magazine  Road  fifty  feet  from  the 
east  side  of  said  road  to  a  point  within  two  hundred  feet  of  the 
Crescent  Road ;  thence  in  a  line  two  hundred  feet  distant  and  parallel 
with  the  Crescent  Road  to  Gill  Hollow;  thence  with  the  Gill  Hollow 
with  a  line  extended  across  the  Elk  river  to  low  water  mark  on  the 
east  side  thereof;  thence  down  said  Elk  river  at  low  water  mark  to 
a  point  in  the  center  of  Coal  Branch;  thence  in  a  line  up  the  hill  to 
the  rear  of  the  Capitol  Hill  property,  as  shown  on  the  map  of  same 
and  recorded  in  the  office  of  the  clerk  of  the  county  court  of  Kanawha 
county;  thence  with  a  line  so  as  to  include  that  part  of  Spring  Hill 
cemetery  now  under  fence  and  with  the  old  Scruggs5  line  to  the  line 
of  the  Walks  property;  thence  by  a  line  to  a  point  in  Ruffner  Hollow 
two  hundred  feet  from  Piedmont  Road ;  thence  in  an  easterly  direction 
parallel  with  the  Piedmont  Road  and  two  hundred  feet  northeast  of 
same  to  the  center  of  the  branch  in  Wilson’s  Hollow  on  the  center 
line  of  the  culvert  under  the  Kanawha  and  Michigan  railroad,  ex¬ 
tending  thence  with  the  said  center  line  of  said  culvert  extended  to 
low  water  mark  in  the  Kanawha  river;  thence  with  a  low  water  mark 
of  Kanawha  river  to  a  point  opposite  Porter’s  Hollow;  thence  across 
said  river  to  the  mouth  of  said  hollow  in  Loudon  district;  thence  up 
Porter’s  Hollow  south  53  degrees  30  minutes  west  427.6  feet;  south' 
47  degrees  west  200  feet;  north  73  degrees  west  215  feet;  south  84 
degrees  30  minutes  west  490  feet;  south  47  degrees  west  475  feet; 
south  23  degrees  30  minutes  west  500  feet ;  south  49  degrees  9  minutes 
west  185  feet;  23  degrees  30  minutes  west  165  feet;  south  56  de¬ 
grees  west  200  feet;  south  75  degrees  30  minutes  west  230  feet; 
north  59  degrees  30  minutes  west  322  feet;  north  78  degrees  .09 
minutes  west  151  feet;  north  89  degrees  30  minutes  west  174.9  feet; 
north  69  degrees  45  minutes  west  416  feet;  north  74  degrees  west 
1005  feet;  north  85  degrees  west  340  feet;  south  88  degrees  west 
510  feet;  south  44  degrees  30  minutes  west  279  feet;  south  50  de¬ 
grees  west  260  feet;  thence  leaving  Porter’s  Hollow  north  70  degrees 
west  307%  feet;  north  47  degrees  west  94%  feet;  thence  with  the 
line  of  lands  of  South  Side  Improvement  Company  and  James  Pauline 
north  33  degrees  30  minutes  west  180  feet  to  the  corner  of  said  James 
Pauline’s  fence;  thence  north  35  degrees  30  minutes  east  565  feet; 


7 


north  36  degrees  west  495  feet;  north  4  degrees  west  225  feet;  nortti 
75  degrees  west  275  feet;  thence  with  the  meanders  of  the  eastern 
side  of  the  main  county  road  north  18  degrees  east  175  feet;  thence 
leaving  said  >road  north  71  degrees  30  minutes  west  649  feet ;  south 
71  degrees  30  minutes  west  138  feet;  south  64  degrees  30  minutes 
west  200  feet,  to  the  line  on  the  properties  of  the  South  Side  Improve¬ 
ment  Company  and  Augustus  Pauline,  to  the  corner  of  said  Pauline’s 
fence;  north  68  degrees  30  minutes  west  234  feet;  north  34  degrees 
20  minutes  west  180  feet;  north  81  degrees  west  130  feet,  north  29 
degrees  30  minutes  west  195  feet;  north  21  degrees  west  130  feet; 
north  8  degrees  15  minutes  east  660  feet;  north  7  degrees  west 
264  2-5  feet;  north  1  degree  30  minutes  west  215  feet;  north  15  de¬ 
grees  west  140  feet;  north  7  degrees  30  minutes  east  194.1  feet;  north 
29  degrees  east  370  feet;  north  31  degrees  east  349.7  feet;  north  IS 
degrees  west  390  feet;  north  37  degrees  30  minutes  west  280  feet; 
north  40  degrees  30  minutes  west  200  feet;  north  30  degrees  30 
minutes  east  315  feet;  north  1  degree  30  minutes  east  294  feet;  north 
50  degrees  34  minutes  east  200  feet;  north  41  degrees  east  781  feet; 
north  79  degrees  east  400  feet;  north  1  degree  30  minutes  west  810 
feet  to  low  water  mark  on  the  said  Kanawha  river,  at  the  mouth  of 
Ferry  Branch;  thence  down  the  Kanawha  river  at  low  water  mark 
on  the  south  side  of  said  river  to  a  point  opposite  the  lower  or  west 
line  of  said  Patrick  street;  thence  across  the  Kanawha  river  to  a 
point  opposite  said  line  of  Patrick  street  at  low  water  mark  on  the 
north  side  of  said  river,  to  the  place  of  beginning. 

Boundaries  of  Wards. 

Sec.  3.  The  said  city  shall  be  divided  into  fifteen  (15)  wards , 
the  boundaries  of  which  shall  be  as  follows: 

First  Ward:  The  First  Ward  shall  include  the  following 
territory:  Beginning  at  low  water  mark  on  the  Kanaivha  river 
at  the  end  of  Florida  street ;  thence  with  Florida  street  to 
Charleston  street ,  and  in  a  continuous  straight  line  to  the  cor¬ 
poration  line  on  the  north;  thence  with  the  corporation  line  to 
Patrick  street ,  and  with  Patrick  street  to  the  Kanawha  river ; 
and  with  the  Kanawha  river  to  the  end  of  Florida  street ;  the 
place  of  beginning. 

Second  Ward:  The  Second  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  at  the  end  of  Florida 
street ;  thence  with  the  Kanawha  river  to  the  end  of  Park 


8 


avenue  extended ;  thence  with  Park  avenue  to  the  corporation 
line;  thence  with  the  corporation  line  to  the  northeastern  corner 
of  the  First  Ward ;  thence  with  the  eastern  line  of  Ward  One  in 
a  straight  line  with  Florida  street,  to  the  low  water  mark  in 
Kanawha  river  to  place  of  beginning. 

Third  Ward:  The  Third  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  the  Kanawha 
river  at  the  end  of  Park  avenue  extended;  thence  with  the  Kan¬ 
awha  river  to  Delaware  avenue;  thence  with  Delaware  avenue  to 
the  Kanawha  &  Michigan  railway;  thence  with  the  Kanawha  & 
Michigan  railway  to  Charleston  street;  thence  with  Charleston 
street  to  Carr  street;  thence  with  Carr  street  to  the  corporation 
lines  on  the  north;  thence  with  the  corporation  lines  to  the 
northeastern  corner  of  Ward  Two;  thence  following  the  eastern 
line  of  Ward  Two  to  low  water  mark  in  Kanawha  river,  the  place 
of  beginning. 

Fourth  Ward:  The  Fourth  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  Kanawha  river 
at  the  end  of  Delaware  avenue;  thence  ivith  Kanawha  river  to 
the  mouth  of  Elk  river,  and  up  Elk  river  to  Lovell  street  bridge 
and  Charleston  street;  thence  with  Charleston  street  to  Penn¬ 
sylvania  avenue;  thence  with  Pennsylvania  avenue  to  Roane 
street;  thence  with  Roane  street  to  Delaware  avenue;  thence 
with  Delaware  avenue  to  the  low  water  mark  in  Kanawha  river, 
to  place  of  beginning. 

Fifth  Ward:  The  Fifth  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  Elk  river  at 
Lovell  street  bridge;  thence  with  Elk  river  to  the  Kanawha  & 
Michigan  railway;  thence  with  the  Kanawha  ■&  Michigan 
railway  to  Pine  street;  thence  with  Pine  street  to  the  cor¬ 
poration  line  on  the  north;  thence  with  the  corporation  line 
to  the  head  of  Carr  street;  thence  with  Carr  street  to  Charleston 
street;  thence  with  Charleston  street  to  the  Kanawha  &  Michigan 
railway ;  thence  with  the  Kanawha  <&  Michigan  railway  to  Dela¬ 
ware  avenue;  thence  with  Delaware  avenue  to  Roane  street; 
thence  with  Roane  street  to  Pennsylvania  avenue;  thence  with 
P ennsylvania  avenue  to  Charleston  street;  thence  with  Charles¬ 
ton  street  to  low  water  mark  in  Elk  river,  the  place  of  beginning. 

Sixth  Ward:  The  Sixth  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  Elk  river  at  the 
Kanavjha  &  Michigan  bridge ;  thence  with  the  Elk  river  to  Gill 


9 


9 


Hollow ;  thence  following  the  corporation  lines  to  the  north¬ 
eastern  comer  of  Ward  Five;  thence  with  Pine  street  to  Kan¬ 
awha  &  Michigan  railway ;  thence  with  the  Kanawha  &  Michigan 
railway  to  the  low  water  mark  in  Elk  river  at  the  Kanaivha  & 
Michigan  railway  bridge ,  the  place  of  beginning. 

Seventh  Ward:  The  Seventh  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  Elk  river  at  Lovell 
street  bridge;  thence  with  Lovell  street  to  Truslow  street;  thence 
with  Truslow  street  to  Margaret  street;  thence  with  Margaret 
street  to  Donnally  street ,  and  the  intersection  of  Young  street; 
thence  with  Young  street  in  a  continuous  straight  line  to  the 
corporation  limits  on  the  north ;  thence  ivith  the  corporation  line 
to  Elk  river;  thence  with  Elk  river  to  the  low  water  mark  at 
Lovell  street  bridge,  the  place  of  beginning. 

Eighth  Ward:  The  Eighth  Ward  shall  include  the  following 
territory:  Beginning  at  the  intersection  of  Lovell  and  Truslow 
streets;  thence  with  Truslow  street  to  State  street;  thence  with 
State  street  to  Capitol  street;  thence  with  Capitol  street  to 
Smith  street,  and  continuing  in  a  straight  line  to  the  corpora¬ 
tion  line  on  the  north;  thence  with  the  corporation  line  to  the 
northeastern  corner  of  Ward  Seven;  thence  in  a  straight  line 
with  Young  street  to  Donnally  street;  at  its  intersection  with 
Margaret  street;  thence  with  Margaret  street  to  Truslow  street; 
thence  with  Truslow  street  to  Lovell  street,  the  place  of  begin¬ 
ning. 

Ninth  Ward:  The  Ninth  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  Elk  river  and 
Lovell  street  bridge;  thence  with  Elk  river  to  the  Kanaivha 
river;  thence  with  Kanawha  river  to  the  low  water  mark  at  the 
end  of  Capitol  street;  thence  with  Capitol  street  to  State  street; 
thence  with  State  street  to  Truslow  street;  thence  with  Truslow 
street  to  Lovell  street;  thence  with  Lovell  street  to  the  low  water 
mark  in  Elk  river,  at  Lovell  street  bridge,  the  place  of  beginning. 

Tenth  Ward:  The  Tenth  Ward  shall  include  the  following 
territory:  Beginning  at  the  low  water  mark  in  Kanawha  river  at 
the  end  of  Capitol  street;  thence  with  Kanawha  river  to  the  low 
water  mark  at  the  end  of  Rujfner  avenue;  thence  with  Ruffner 
avenue  to  its  intersection  with  Lee  street;  thence  with  Lee  street 
to  its  intersection  with  Capitol  street;  thence  with  Capitol  street 
to  the  low  water  mark  in  Kanawha  river,  the  place  of  beginning. 

Eleventh  Ward:  The  Eleventh  Ward  shall  include  the  follow- 


10 


ing  territory:  Beginning  at  the  intersection  of  Lee  street  and 
Capitol  street;  thence  with  Capitol  street  to  its  intersection  with 
Smith  and  Dryden  streets ,  and  in  a  continuous  straight  line  in 
the  corporate  limits  on  the  north;  thence  with  the  corporation 
limits  in  an  easterly  direction ,  to  a  point  reached  by  a  straight 
line  running  with  Brooks  street;  thence  in  a  straight  line  run¬ 
ning  to  and  with  Brooks  street  to  the  intersection  of  Brooks  and 
Lee  streets;  thence  with  Lee  street  to  Capitol  street ,  the  place  of 
beginning . 

Twelfth  Ward:  The  Twelfth  Ward  shall  include  the  follow¬ 
ing  territory :  Beginning  at  the  intersection  of  Lee  and  Brooks 
streets;  thence  with  Lee  street  to  Beauregard  street;  thence  with 
Beauregard  street ,  and  in  a  straight  line  to  the  corporation  limits 
to  the  north;  thence  with  the  corporation  limits  to  the  north¬ 
eastern  corner  of  Ward  Eleven;  thence  with  the  eastern  line  of 
Ward  Eleven ,  in  a  straight  line ,  and  with  Brooks  street,  to  the 
intersection  of  Lee  and  Brooks  streets,  the  place  of  beginning. 

Thirteenth  Ward:  The  Thirteenth  Ward  shall  include  the 
following  territory:  Beginning  at  the  intersection  of  Beauregard 
and  Lee  streets;  thence  with  Lee  street  to  Elizabeth  street; 
thence  with  Elizabeth  street  to  Piedmont  road,  and  in  a  con¬ 
tinuous  straight  line  to  the  corporation  limits  on  the  north; 
thence  with  the  corporation  line  to  the  northeastern  corner  of 
Ward  Twelve;  thence  in  a  straight  line  to  and  running  with 
Beauregard  street,  to  the  intersection  of  Lee  and  Beauregard 
streets,  the  place  of  beginning. 

Fourteenth  Ward:  The  Fourteenth  Ward  shall  include  the 
following  territory:  Beginning  at  the  intersection  of  Buffner 
avenue  and  Lee  street;  thence  with  Buffner  avenue  to  low  water 
mark  in  Kanawha  river,  at  the  end  of  Buffner  avenue;  thence 
with  Kanawha  river  to  the  corporation  line  on  the  east  at  Wilson 
Hollow;  thence  with  Wilson  Hollow  to  the  corporation  line  on 
the  north;  thence  ivith  the  northern  corporation  line  to  the  north¬ 
eastern  corner  of  Ward  Thirteen;  thence  in  a  straight  line  to 
and  running  with  Elizabeth  street,  to  Lee  street;  thence  with 
Lee  street  to  Buffner  avenue,  the  place  of  beginning. 

Fifteenth  Ward:  The  Fifteenth  Ward  shall  include  all  of  the 
territory  in  the  limits  of  the  city  south  of  said  low  water  mark  on 
the  north  side  of  Kanawha  river. 


11 


Voting  Precincts. 

The  said  city  shall  be  divided  into  twenty-nine  (29)  voting 
precincts ,  the  boundaries  of  which  shall  be  as  follows: 

Precinct  No.  1.  Precinct  one  shall  include  all  the  territory 
in  ward  one  lying  north  of  the  Kanawha  &  Michigan  railway . 

Precinct  No.  2.  Precinct  two  shall  include  all  the  tei'ritory 
in  ward  one  lying  south  of  the  Kanawha  &  Michigan  railway. 

Precinct  No.  3.  Precinct  three  shall  include  all  the  ter¬ 
ritory  in  ward  two  lying  north  of  the  Kanawha  &  Michigan  rail¬ 
way. 

Precinct  No.  4.  Precinct  four  shall  include  all  the  ter¬ 
ritory  in  ward  two  lying  south  of  the  Kanawha  &  Michigan  rail¬ 
way. 

Precinct  No.  5.  Precinct  five  shall  include  all  the  territory 
in  ward  three  lying  north  of  Virginia  street. 

Precinct  No.  6.  Precinct  six  shall  include  all  the  territory 
in  ward  three  lying  south  of  Virginia  street. 

Precinct  No.  7.  Precinct  seven  shall  include  all  the  ter¬ 
ritory  in  ward  four  lying  north  of  Randolph  street. 

Precinct  No.  8.  Precinct  eight  shall  include  all  the  ter¬ 
ritory  in  ivard  four  lying  south  of  Randolph  street. 

Precinct  No.  9.  Precinct  nine  shall  include  all  the  ter¬ 
ritory  in  ward  five  lying  south  of  Birch  street  and  Kanawha  & 
Michigan  railway. 

Precinct  No.  10.  Precinct  ten  shall  include  all  the  ter¬ 
ritory  in  ward  five  lying  north  of  Birch  street  and  Kanawha  & 
Michigan  railway. 

Precinct  No.  11.  Precinct  eleven  shall  include  all  the  ter¬ 
ritory  in  ward  six  lying  west  of  Magazine  Branch. 

Precinct  No.  12.  Precinct  twelve  shall  include  all  the  ter¬ 
ritory  in  ward  six  east  of  Magazine  Branch. 

Precinct  No.  13.  Precinct  thirteen  shall  include  all  the 
territory  in  ward  seven  south  of  North  Rand  street. 

Precinct  No.  14.  Precinct  fourteen  shall  include  all  the 
territory  in  ward  seven  lying  north  of  North  Rand  street. 

Precinct  No.  15.  Precinct  fifteen  shall  include  all  the  ter¬ 
ritory  in  ward  eight  lying  south  of  North  Rand  street. 

Precinct  No.  16.  Precinct  sixteen  shall  include  all  the  ter¬ 
ritory  in  ward  eight  lying  north  of  North  Rand  street. 

Precinct  No.  17.  Precinct  seventeen  shall  include  all  the 
territory  in  ward  nine  lying  west  of  Truslow  street. 


12 


Precinct  No.  18.  Precinct  eighteen  shall  include  all  the 
territory  in  ward  nine  lying  east  of  Truslow  street . 

Precinct  No.  19.  Precinct  nineteen  shall  include  all  the 
territory  in  ward  ten  lying  west  of  Brooks  street.  • 

Precinct  No.  20.  Precinct  twenty  shall  include  all  the  ter¬ 
ritory  in  ivard  ten  lying  east  of  Brooks  street. 

Precinct  No.  21.  Precinct  twenty-one  shall  include  all  the 
territory  in  ward  eleven  lying  west  of  Broad  street. 

Precinct  No.  22.  Precinct  twenty-two  shall  include  all  the 
territory  in  ward  eleven  lying  east  of  Broad  street. 

Precinct  No.  23.  Precinct  twenty-three  shall  include  all 
the  territory  in  ward  twelve  lying  west  of  Morris  street. 

Precinct  No.  24.  Precinct  twenty-four  shall  include  all  the 
territory  in  ward  twelve  lying  east  of  Morris  street. 

Precinct  No.  25.  Precinct  twenty-five  shall  include  all  the 
territory  in  ward  thirteen  lying  west  of  Thompson  street  and  a 
continuous  straight  line  to  corporate  line  on  north. 

Precinct  No.  26.  Precinct  twenty-six  shall  include  all  the 
territory  in  ward  thirteen  lying  east  of  Thompson  street  and  a 
continuous  straight  line  from  the  end  thereof  to  the  corporate 
line  on  the  north. 

Precinct  No.  27.  Precinct  twenty-seven  shall  include  all 
the  territory  in  ward  fourteen  lying  west  of  Kentucky  street. 

Precinct  No.  28.  Precinct  twenty-eight  shall  include  all 
the  territory  in  ward  fourteen  lying  east  of  Kentucky  street. 

Precinct  No.  29.  Precinct  twenty-nine  shall  include  all  the 
territory  in  ward  fifteen. 

The  council  shall  by  resolution  entered  of  record  fix  the  voting 
places  in  each  of  said  election  precincts. 

Municipal  Authorities. 

Sec.  Jf.  The  municipal  authorities  of  the  city  of  Charleston 
shall  consist  of  a  mayor ,  city  treasurer ,  police  judge  and  twenty 
councilmen,  who  shall  be  elected  by  the  qualified  voters  of  such 
city ,  and  such  officers  shall ,  for  the  assessment  year  preceding 
their  respective  elections  as  hereinafter  provided ,  hove  been  as¬ 
sessed  with  and  paid  taxes  in  the  city  of  Charleston  upon  a  valua¬ 
tion  of  at  least  one  hundred  dollars  worth  of  real  estate  or  per¬ 
sonal  property  therein /  and  any  person  elected  to  any  one  of 
such  offices  who  has  not  been  assessed  with  and  paid  taxes  on 
such  amount  of  property  shall  not  qualify  or  enter  upon  the 


13 


performance  of  the  duties  thereof,  hut  such  office  shall  thereby 
become  vacant  and  shall  be  filled  by  a  qualified  person  as  pro¬ 
vided  herein  for  other  vacancies. 

Sec.  5.  In  addition  to  the  municipal  authorities  mentioned  in 
section  four  of  this  act ,  the  city  shall  have  a  manager,  city  clerk, 
city  auditor,  collector,  chief  of  police,  city  solicitor,  chief  of  fire 
department,  engineer,  health  commissioner,  building  inspector, 
lockup  keeper,  humane  officer  or  officers,  and  such  number  of 
policemen  as  council  by  ordinance  may  direct.  All  the  officers 
named  in  this  and  the  preceding  sections  shall  be  paid  proper 
salaries  which  shall  be  fixed  by  the  council,  except  as  herein 
otherwise  provided,  and  such  salaries  shall  be  within  the  limits 
provided  for  by  this  act. 

Corporate  Powers. 

Sec.  6.  All  the  corporate  power  of  said  city  shall  be  vested  in  and 
exercised  by  council  or  under  its  authority,  except  as  otherwise  pro¬ 
vided  in  this  act. 

Sec.  7.  The  council  of  said  city  shall  have,  and  is  hereby  granted 
power  to  have  said  city  surveyed,  to  lay  out,  open,  vacate,  straighten, 
broaden,  change  grade  of,  grade,  re-grade,  curb,  widen,  narrow,  re¬ 
pair,  pave  and  re-pave  streets,  alleys,  roads,  squares,  plots,  sidewalks 
and  gutters  for  public  use,  and  to  alter,  improve,  embellish  and  or¬ 
nament  and  light  the  same,  and  to  construct  and  maintain  public 
sewers  and  laterals,  and  shall,  in  all  cases,  have  power  and  authority  to 
assess  upon  and  collect  from  the  property  benefitted  thereby,  such 
part  of  the  expense  thereof  as  shall  be  fixed  by  ordinance,  except  as 
hereinafter  provided;  to  have  control  of  all  streets,  avenues,  roads, 
alleys  and  grounds  for  public  use  in  said  city,  and  to  regulate  the  use 
thereof  and  driving  thereon,  and  to  have  the  same  kept  free  from  ob¬ 
struction,  pollution  or  litter  on  or  over  them ;  to  have  the  right  to  con¬ 
trol  all  bridges  within  said  city,  and  the  traffic  thereover ;  to  change 
the  name  of  any  street,  avenue  or  road  within  said  city,  and  regulate 
and  cause  the  numbering  and  re-numbering  of  houses  on  any  street, 
avenue  or  road  therein ;  to  regulate  the  naming  of  streets,  avenues  and 
public  places;  to  regulate  and  determine  the  width  of  streets,  side¬ 
walks,  roads  and  alleys;  to  order  and  direct  the  curbing;  re-curbing, 
paving,  repaving  and  repairing  of  sidewalks  and  footways  for  public 
use  in  said  city  to  be  done  and  kept  clean  and  in  good  order  by  the 
owners  of  adjacent  property;  to  enter  into  a  contract  with  the  county 


14 


of  Kanawha,  or  any  internal  improvement  company  for  the  joint 
ownership  of  any  bridge  by  the  city  and  such  county  or  company,  upon 
such  terms  as  may  be  prescribed  in  the  contract,  but  such  bridges  shall 
be  a  public  highway  and  the  interest  of  the  company,  county  and  city 
shall  be  only  such  proportionate  part  thereof  as  it  may  pay  for  or  that 
may  be  named  in  the  contract;  to  prohibit  and  punish  the  abuse  of 
animals ;  to  restrain  and  punish  vagrants,  mendicants,  beggars,  tramps, 
prostitutes,  drunken  or  disorderly  persons  within  the  city,  and  to  pro¬ 
vide  for  their  arrest  and  manner  of  punishment;  to  prohibit  and 
punish  by  fine  the  bringing  into  the  city  by  steamboats,  railroads  or 
other  carriers,  of  paupers,  dangerous  or  objectionable  characters  or 
persons  afflicted  with  contagious  diseases;  to  control  and  suppress  dis¬ 
orderly  houses  of  prostitution  or  ill-fame,  houses  of  assignation,  and 
gaming  houses  or  any  part  thereof,  to  punish  those  engaged  in  gaming 
and  to  suppress  all  gaming  or  gambling  houses,  and  all  places  where 
gambling  or  betting  is  in  any  way  carried  on  or  permitted  and  to 
punish  all  persons  in  any  way  connected  therewith ;  to  prohibit  within 
the  city,  or  within  two  miles  thereof,  slaughter  houses,  soap  or  glue 
factories,  and  houses  and  places  of  like  kind,  and  any  other  thing  or 
business  dangerous,  unwholesome,  unhealthy,  offensive,  indecent  or 
dangerous  to  life,  health,  peace  or  property;  to  provide  for  the  entry 
into  and  the  examination  of  all  dwellings,  lots,  yards,  enclosures,  build¬ 
ings  and  structures,  cars,  boats  and  vehicles  of  every  description,  and 
to  ascertain  their  condition  for  health,  cleanliness  or  safety ;  to  regulate 
the  building  and  maintenance  of  party  walls,  partition  fences  or  lines, 
fire  walls,  fire  places,  chimneys,  boilers,  smoke  stacks  and  stove  pipes; 
to  provide  for  and  regulate  the  safe  construction,  inspection  and  re¬ 
pairs  of  all  public  and  private  buildings,  bridges,  basements,  culverts, 
sewers,  or  other  buildings  or  structures  of  any  description;  to  take 
down  and  remove,  or  make  safe  and  secure,  any  and  all  buildings, 
walls,  structures  or  super-structures  at  the  expense  of  the  owners 
thereof,  that  are  or  may  become  dangerous,  or  to  require  the  owners  or 
their  agents  to  take  down  and  remove  them  or  put  them  in  a  safe  and 
sound  condition  at  their  own  expense ;  to  regulate,  restrain  or  prohibit 
the  erection  of  wooden  or  other  buildings  within  the  city;  to  regulate 
the  height,  construction  and  inspection  of  all  new  buildings  here¬ 
after  erected,  and  the  alteration  and  repair  of  any  buildings  already 
erected  or  hereafter  erected  in  said  city,  and  to  require  permits  to  be 
obtained  for  such  buildings  and  structures,  and  plans  and  specifica¬ 
tions  thereof  to  be  first  submitted  to  the  building  inspector;  to  regu¬ 
late  the  limit  within  which  it  shall  be  lawful  to  erect  any  steps,  porti- 


15 


cos,  bay  windows,  bow  windows,  show  windows,  awnings,  signs,  col¬ 
umns,  piers  or  other  protection  or  structural  ornaments  of  any  kind 
for  the  houses  or  buildings  fronting  on  any  street  of  said  city;  to  es¬ 
tablish  fire  limits  and  to  provide  the  kind  of  buildings  and  structures 
that  may  be  erected  therein,  and  to  enforce  all  needful  rules  and  reg¬ 
ulations  to  guard  against  fire  and  danger  therefrom;  to  require,  regu¬ 
late  and  control  the  construction  of  fire  escapes  for  any  building  or 
other  structures  in  said  city,  to  control  the  opening  and  construction 
of  ditches,  drains,  sewers,  cess-pools,  and  gutters,  and  to  deepen,  widen 
and  clear  the  same  of  stagnant  water  or  filth,  and  to  prevent  obstruc¬ 
tion  therein,  and  to  fill,  close  or  abolish  the  same  and  to  determine  at 
whose  expense  the  same  shall  be  done;  and  to  build  and  maintain  fire 
station  houses,  crematories,  jails,  lockups,  and  other  buildings,  police 
stations  and  police  courts,  and  to  regulate  the  management  thereof; 
to  acquire,  establish,  lay  off,  appropriate,  regulate,  maintain  and  con¬ 
trol  public  grounds,  squares  and  parks3  hospitals,  market  houses,  city 
buildings,  libraries  and  other  educational  or  charitable  institutions, 
either  within  or  without  the  city  limits,  and  when  the  council  deter¬ 
mines  that  any  real  estate  in  or  out  of  the  city  is  necessary  to  be  ac¬ 
quired  by  said  city  for  any  such  purpose,  or  for  any  public  purpose,  or 
is  necessary  in  the  exercise  of  its  powers  herein  granted,  the  power  of 
eminent  domain  is  hereby  conferred  upon  said  city,  and  it  shall  have 
the  right  to  institute  condemnation  proceedings  .against  the  owner 
thereof,  whether  said  property  be  in  or  out  of  said  city,  in  the  same 
manner,  to  the  same  extent,  and  upon  the  same  conditions  as  such 
power  is  conferred  upon  public  corporation  by  chapter  forty-two  of  the 
code  of  West  Virginia  of  the  edition  of  1906,  and  is  now  or  may  be 
hereafter  amended;  to  purchase,  sell,  lease  or  contract  for  and  take 
care  of  all  public  buildings  and  structures  and  real  estate  deemed 
proper  for  the  use  of  such  city;  and  for  the  protection  of  the  public 
to  cause  the  removal  of  unsafe  walls,  structures  or  buildings,  and  the 
filling  of  excavations;  to  prevent  injury  or  annoyance  to  the  business 
of  individuals  from  anything  dangerous,  offensive  or  unwholesome;  to 
abate  or  cause  to  be  abated  all  nuisances  and  to  that  end  and  there¬ 
about  to  summon  witnesses  and  hear  testimony;  to  regulate  or  pro¬ 
hibit  the  keeping  of  gunpowder  and  other  combustible  or  dangerous 
articles ;  to  regulate,  restrain  or  prohibit  the  use  of  firecrackers  or  other 
explosives  or  fireworks,  and  all  noises  or  performances  which  may  be 
dangerous,  indecent  or  annoying  to  persons  or  tend  to  frighten  horses 
or  other  animals ;  to  provide  and  maintain  proper  places  for  the  burial 
of  the  dead,  in  or  out  of  the  city,  and  to  regulate  interments  therein 


16 


upon  such  terms  and  conditions  as  to  price  and  otherwise  as  may  be 
determined;  to  provide  for  shade  and  ornamental  trees,  shrubbery, 
grass,  flowers  and  other  ornamentation,  and  the  protection  of  the  same ; 
to  provide  for  the  poor  of  the  city;  to  make  suitable  and  proper  reg- 
,  ulations  in  regard  to  the  use  of  the  streets,  public  places,  sidewalks  and 
alleys  by  street  cars,  foot  passengers,  animals,  vehicles,  motors,  auto¬ 
mobiles,  traction  engines,  railroad  engines  and  cars,  and  to  regulate 
the  running  and  operation  of  the  same  so  as  to  prevent  obstruction 
thereon,  encroachment  thereto,  injury,  inconvenience  or  annoyance  to 
the  public ;  to  prohibit  prize  fighting,  cock  and  dog  fighting ;  to  license, 
tax  regulate  or  prohibit  theaters,  moving  pictures,  circuses  and  exhibi¬ 
tion  of  showmen  and  shows  of  any  kind,  and  the  exhibition  of  natural 
or  artificial  curiosities,  carnivals,  menageries  and  musical  exhibitions 
and  performances,  and  other  things  or  business  on  which  the  state  does 
or  may  exact  a  license  tax;  to  organize  and  maintain  fire  companies 
and  departments,  and  to  provide  necessary  apparatus,  engines  and  im¬ 
plements  for  the  same,  and  to  regulate  all  matters  pertaining  to  the 
prevention  and  extinguishment  of  fires;  to  make  proper  regulations 
for  guarding  against  danger  and  damage  from  fires,  water  or  other  ele¬ 
ments;  to  regulate  and  control  the  kind  and  manner  of  plumbing  and 
electric  wiring,  air  ships,  balloons,  wireless  stations,  and  other  ap¬ 
pliances  for  the  protection  of  the  health  and  safety  of  said  city ;  to  levy 
taxes  on  persons,  property  and  licenses;  to  license  and  tax  dogs  and 
other  animals,  and  regulate,  restrain  and  prohibit  them  and  all  other 
animals  and  fowls  running  at  large;  to  provide  revenue  for  the  city  and 
appropriate  the  same  to  its  expenses ;  to  adopt  rules  for  the  transaction 
of  business  of  its  own  regulation  and  government ;  to  promote  the  gen¬ 
eral  welfare  of  the  city,  and  to  protect  the  persons  and  property  of  citi¬ 
zens  therein ;  to  regulate  and  provide  for  the  weighing  of  produce  and 
other  articles  sold  in  said  city  and  to  regulate  the  transportation 
thereof  and  other  things,  through  the  streets,  allays  and  public  places ; 
to  have  the  right  to  grant,  refuse  or  revoke  any  and  all  licenses  for  the 
carrying  on  of  any  business  within  said  city  on  w'hich  the  state  exacts 
a  license  tax;  to  establish  and  regulate  markets  and  to  prescribe  the 
time  for  holding  the  same,  and  what  shall  be  sold  in  such  market,  and 
to  let  stalls  or  apartments  and  regulate  the  same;  to  acquire  and  hold 
property  for  market  purposes;  to  regulate  the  placing  of  signs,  bill 
boards,  posters  and  advertising,  on  or  over  the  streets,  alleys,  sidewalks 
and  public  grounds  of  said  city;  to  preserve  and  protect  the  peace, 
order  and  safety  and  health  of  the  city  and  its  inhabitants,  including- 
the  right  to  regulate  the  sale  and  use  of  cocaine,  morphine,  opium  and 


17 


poisonous  or  dangerous  drugs ;  to  appoint  and  fix  the  place  of  holding 
city  elections;  to  erect,  own  lease,  authorise  or  prohibit  the  erection 
of  gas  works,  electric  light  works  or  water  works,  ferry  boats,  in  or 
near  the  city,  and  to  operate  the  same,  and  to  sell  the  product  or  serv¬ 
ices  thereon  and  to  do  any  and  all  things  necessary  and  incidental  to 
the  conduct  of  such  business;  to  build,  hold,  purchase,  own  and  oper¬ 
ate  toll  bridges;  to  provide  for  the  purity  of  water,  milk,  meats  and. 
provisions  offered  for  sale  in  said  city,  and  to  that  end  provide  for  a 
system  of  inspecting  the  same  and  making  end  enforcing  rules  for  the 
regulation  of  their  sale,  and  to  prohibit  the  sale  of  any  unwholesome  or 
tainted  milk,  meats,  fish,  fruit,  vegetables,  or  the  sale  of  milk,  contain¬ 
ing  water  or  other  things  not  constituting  a  part  of  pure  milk ;  to  pro¬ 
vide  for  inspecting  dairies  and  slaughter  houses,  whether  in  or  outside 
of  the  city,  where  the  milk  and  meat  therefrom  are  offered  for  sale 
within  said  city,  and  to  prohibit  the  sale  of  any  article  deemed  un¬ 
wholesome,  and  to  condemn  the  same  or  destroy  or  abate  it  as  a 
nuisance;  to  provide  for  the  regulation  of  public  processions  so  as  to 
prevent  interference  with  public  traffic,  and  to  promote  the  good  order 
of  the  city;  to  prescribe  and  enforce  ordinances  and  rules  for  the 
purpose  of  protecting  the  health,  property,  lives,  decency,  morality, 
cleanliness  and  good  order  of  the  city  and  its  inhabitants,  and  to 
protect  places  of  divine  worship  in  and  about  the  premises  where  held, 
and  to  punish  violations  of  all  ordinances,  if  the  offense  under  and 
against  the  same  shall  also  constitute  offenses  under  the  laws  of  the 
state  of  West  Virginia  or  the  common  law;  to  provide  for  the  employ¬ 
ment  and  safe  keeping  of  persons  who  may  be  committed  in  default  of 
the  payment  of  fines,  penalties,  or  costs  under  this  act,  who  are  other¬ 
wise  unable  to  discharge  the  same,  by  putiing  them  to  work  for  the 
benefit  of  the  city  upon  the  streets  or  other  places  in  or  out  of  the  city 
provided  by  said  city,  and  to  use  such  means  to  prevent  their  escape 
while  at  work  as  the  council  may  deem  expedient ;  and  the  council 
may  fix  a  reasonable  rate  per  day  as  wages  to  be  allowed  such  persons 
until  the  fine  and  costs  against  him  are  thereby  discharged ;  to  com¬ 
pel  the  attendance  at  public  meetings  of  the  members  of  the  council; 
to  have  and  exercise  such  additional  rights,  privileges  and  powers  as 
are  granted  to  municipalities  by  chapter  forty-seven  of  the  code  of 
West  Virginia,  as  amended. 

For  all  such  purposes,  except  that  of  taxation  and  for  purposes 
otherwise  limited  by  this  act,  the  council  shall  have  jurisdiction,  when 


18 


necessary,  for  one  mile  beyond  the  corporation  within  said  one  mile 
limit. 

And  the  council  shall  have  the  right  to  establish,  construct  and 
maintain  public  markets,  landings,  ferries,  wharves  and  docks  on  any 
ground  which  does  or  shall  belong  to  said  city,  or  which  it  shall  ac¬ 
quire,  by  purchase  or  otherwise,  and  to  sell,  lease,  repair,  alter  or  re¬ 
move  any  public  markets,  landings,  ferries,  wharves,  dikes,  buildings 
or  docks,  which  have  been  or  shall  be  so  constructed,  and  to  levy  and 
collect  reasonable  duty  on  vessels  and  othec  craft  coming  to  or  using 
said  landings,  ferries,  wharves,  dikes,  docks  and  buildings,  and  to  pre¬ 
serve  and  protect  the  peace  and  good  order  at  the  same,  and  regulate 
the  manner  in  which  they  shall  be  used;  and  to  have  the  sole  right, 
under  state  laws  and  in  the  same  manner  as  now  control  county  courts, 
to  establish,  construct,  maintain,  regulate  and  control  all  such  wharves, 
docks,  ferries  and  landings  within  the  corporate  limits  of  said  city. 

To  carry  into  effect  these  enumerated  powers  and  all  other  powers 
conferred  upon  said  city  expressly  or  by  implication  in  this  and  other 
acts  of  the  legislature,  the  council  of  said  city  shall  have  the  power,  in 
the  manner  herein  prescribed,  to  adopt  and  enforce  all  needful  orders, 
rules  and  ordinances  not  contrary  to  the  laws  and  constitution  of  this 
state ;  and  to  prescribe^  impose  and  enforce  reasonable  fines  and  penal¬ 
ties,  including  imprisonment  in  the  city  lock-up,  jail,  or  station  house, 
and  to  work  prisoners  found  guilty,  as  the  council  may  prescribe,  and 
market  the  products  of  such  labor,  and  with  the  consent  of  the  county 
court  of  Kanawha  county  entered  of  record,  shall  have  the  right  to  use 
the  jail  of  said  county  for  any  purpose  necessary  to  the  administration 
of  its  affairs. 

Registration  and  Qualification  of  Voters. 

Sec.  8.  Every  person  qualified  by  law  to  vote  for  members  of  the 
legislature  of  this  state  (and  who  shall  have  been  a  resident  of  said  city 
for  sixty  days  preceding  the  day  of  election,  of  the  ward  in  which  he 
offers  to  vote  at  least  ten  days  preceding  such  day  and  a  bona  fide  resi¬ 
dent  of  the  election  precinct  in  which  he  offers  to  vote)  shall  be  en¬ 
titled  to  vote  at  ail  elections  held  in  said  ciity  by  or  under  the  authority 
and  control  thereof. 

Registration  of  Voters. 

Sec.  9.  For  the  electio7i  to  be  held  hereunder  on  the  third 
Monday  in  April,  one  thousand  nine  hundred  and  nineteen,  there 


.19 


shall  be  made  a  registration  of  all  the  voters  in  all  the  election 
precincts  in  said  city  as  fixed  by  this  act.  The  city  council  shall 
hold  a  regular  or  special  session  on  the  first  Monday  in  March, 
next ,  before  said  election  and  shall  appoint  for  each  voting  pre¬ 
cinct  as  fixed  by  this  act  two  competent  persons  as  registrars,  one 
each  from  the  two  political  parties  which  at  the  last  preceding 
election  cast  the  highest  number  of  votes  in  the  city  of  Charles¬ 
ton,  but  the  executive  committee  of  such  political  parties  may 
present  to  the  council  a  writing  signed  by  the  chairman  of  the 
committee  of  each  party  requesting  the  appointment  of  a  quali¬ 
fied  voter  of  his  political  party  as  registrar  with  his  city  address 
for  each  precinct  in  the  city  and  the  council  shall  appoint  the 
person  in  such  writing  as  such  registrar.  No  person  shall  be 
eligible  to  appointment  as  registrar,  or  in  any  way  act  as  such, 
who  has  been  convicted  of  a  felony,  or  who  holds  any  elective  or 
appointive  office  or  is  an  employee  under  the  laws  of  the  state  of 
West  Virginia  or  of  the  United  States  or  who  is  not  a  qualified 
voter  in  the  precinct  for  which  he  is  appointed,  or  who  can  not 
read  and  write  the  English  language.  If  such  registrar  shall  fail 
or  refuse  to  serve,  the  vacancy  shall  be  filled  either  by  the  city 
council,  or  the  mayor  of  the  city  in  vacation,  in  the  manner  here¬ 
inbefore  proinded  for  the  appointment  of  registrars,  and  the  city 
cleric  shall  notify  all  such  persons  of  their  appointment  as  regis¬ 
trars.  Said  registrars  shall  before  entering  upon  the  discharge 
of  their  duties  take  an  oath  to  support  the  constitution  of  the 
United  States,  the  constitution  of  West  Virginia,  and  to  perform 
the  duties  of  their  office  to  the  best  of  their  ability  and  that  they 
are  legal  members  of  the  party  for  tuhich  they  are,  respectively , 
appointed.  The  said  oath  shall  be  filed  in  the  office  of  the  city 
clerk. 

The  city  clerk  shall  cause  to  be  prepared  suitable  books  and 
blanks  for  the  registration  of  the  voters  and  such  books  shall  be 
so  arranged  as  require  by  law 1  for  the  registration  of  voters  for 
general  elections  held  in  the  state  of  West  Virginia  and  all  the 

provisions,  duties  and  obligations  of  chapter _ of  the 

acts  of  the  special  session  of  the  legislature  held  in  the  month  of 
November,  one  thousand  nine  hundred  and  sixteen,  shall  apply 
to  the  registration  of  voters  hereunder,  except  as  herein  other¬ 
wise  set  out,  and  the  city  council  shall  perform  the  duties  re¬ 
quired  in  said  chapter  of  the  county  court,  and  the  city  clerk 
shall  perform  the  duties  required  of  the  county  clerk. 


20 


The  said  registrars  shall  meet  on  the  Thursday  following  the 
first  Monday  in  March ,  one  thousand  nine  hundred  and  nineteen , 
and  proceed  to  register  the  names  of  all  qualified  voters  in  their 
respective  precincts  in  the  manner  required  by  said  chapter 
_ of  the  acts  of  said  special  session. 

Said  registrars  shall  complete  said  registration  on  or  before 
the  fourth  Monday  in  March ,  one  thousand  nine  hundred  and 
nineteen ,  and ,  for  the  purpose  of  amending ,  correcting  and  com¬ 
pleting  said  registration,  shall  sit  together  at  some  convenient 
place  within  the  voting  precinct  for  two  days,  commencing  the 
first  Monday  in  April,  one  thousand  nine  hundred  and  nineteen, 
from  nine  o'clock  a.  m.  to  one  o'clock  p.  m  and  from  two  o'clock 
p.  m.  to  nine  o'cIgcJc  p.  m.,  and  shall  give  notice  of  the  time  and 
place  of  their  sitting  for  such  registration  and  correction  by 
posting  written  or  printed  notices  of  the  time  and  place  of  such 
sitting  for  five  days  prior  thereto  at  not  less  than  three  of  the 
most  conspicuous  places  in  said  voting  precinct,  one  of  which 
shall  be  at  the  place  of  voting  in  said  precinct.  At  the  time  of 
said  sitting  the'books  of  registration  shall  be  open  for  public  in¬ 
spection,  and  the  said  registrars,  in  the  manner  hereinbefore  pro¬ 
vided  shall  register  all  qualified  voters  who  have  not  theretofore 
been  so  registered  by  them  and  complete  and  finish  their  regis¬ 
tration  of  the  voters  within  their  said  precinct  and  make  out  tivo 
alphabetical  lists  of  the  registered  voters  within  said  precinct 
entitled  to  vote  at  the  ensuing  election  as  registered  by  them  and 
shall  sign  and  return  the  same  to  the  city  clerk  on  or  before  the 
second  Monday  in  April,  one  thousand  nine  hundred  and  nine¬ 
teen.  The  registration  books  shall  be  sent  to  the  polling  places 
along  with  the  ballots,  and  no  person  who  is  not  duly  registered 
thereon  shall  be  allowed  to  vote  at  said  election. 

The  commissioners  of  election  shall  return  said  books  to  the 
city  clerk  with  the  poll  books,  and  the  same  shall  be  carefully, 
preserved  by  the  city  clerk  in  his  office. 

If  the  county  court  of  Kanawha  county  shall  adopt  the  lines 
of  the  precincts  as  in  this  act  set  out  as  voting  places  for  state 
and  county  officers  before  another  city  election  is  held,  then  the 
registration  of  voters  made  under  the  general  law  concerning 
registration  of  voters  shall  be  the  registration  of  voters  for  all 
city  general  elections,  ivith  such  additions  as  herein  provided  for, 
and  it  shall  not  be  necessary  to  have  a  special  registration  of 
voters  for  any  special  election,  but  the  preceding  registration  of 


21 


voters  for  the  regular  municipal  election,  with  such  additions 
herein  provided  for,  shall  be  the  proper  registration  for  such 
special  election.  The  voting  precincts  in  the  several  wards  for 
all  city  elections  shall  be  the  same  as  to  boundaries  as  those  fixed 
by  the  county  court  for  all  state  and  county  elections  so  long  as 
they  are  confined  to  the  boundaries  of  the  wards  as  they  now  are. 
The  council  shall  elect  two  persons,  one  being  a  member  of  each 
of  the  two  leading  political  parties  in  said  city,  having  all  the 
qualifications  of  commissioners  of  election  under  chapter  three 
of  the  code  of  West  Virginia,  as  city  registrars.  They  shall  take 
the  same  oath  as  other  officers  of  the  city  take  and  shall  be  paid 
such  compensation  as  the  council  may  fix  by  ordinance,  and  their 
term  of  office  shall  be  a  period  of  two  years.  They  shall  sit  in  the 
office  of  the  city  clerk  on  five  separate  days,  being  the  last  four 
Saturdays  and  the  last  Monday  preceding  any  regular  or  special 
election  of  said  city  for  the  purpose  of  registering  voters  who 
shall  not  have  been  already  registered  in  the  various  precincts, 
and  for  issuing  transfers  to  any  voter  who  has  moved  from  one 
precinct  to  another,  and  for  striking  off  the  name  of  any  voter 
from  the  registration  books  when  it  shall  be  shown  by  the 
affidavits  of  two  persons  that  he  is  no  longer  a  voter  in  said  city, 
and  they  shall  strike  off  from  such  registration  books  the  names 
of  any  person  known  by  or  proved  to  them  to  be  dead.  It  shall 
be  the  duty  of  the  city  clerk  to  make  or  have  made  copies  of  the 
registration  books  on  file  in  the  office  of  the  clerk  of  the  county 
court  of  Kanawha  county  at  least  sixty  days  before  any  regular 
city  election,  and  such  copies,  with  such  additions  and  changes 
as  may  be  made  by  the  city  registrars,  shall  be  used  for  all  special 
elections  that  may  be  held  between  said  regular  elections  as  well 
as  the  regular  elections.  Notice  of  the  time  and  place  of  sittings 
of  said  city  registrars  shall  be  given  by  the  publication  thereof  by 
the  city  clerk  in  two  newspapers  of  opposite  politics  printed  and 
circulated  in  said  city,  once  a  week  for  six  successive  weeks  before 
any  election,  if  there  is  a  sufficient  space  of  time  for  such  pur¬ 
pose,  and,  if  not,  then  for  such  time  as  there  may  be  before  such 
election. 

Before  the  registrars  shall  register  the  name  of  any  person  as 
a  qualified  voter  they  must  be  satisfied  of  his  qualifications  and 
shall  have  the  right  and  power  to  require  of  such  persons  all  the 
things  that  may  be  required  of  him  by  the  registrars  under  the 
state  law,  and  such  registrars  shall,  as  to  the  qualifications  of 


22 


persons  to  vote,  be  governed  by  the  state  laws  on  such  subject  in 
existence  at  the  time  of  such  registration. 

The  county  clerk  of  Kanawha  county  shall  carefully  preserve 
in  his  office  the  registration  books  of  each  general  election  for  all 
the  precincts  of  the  city  of  Charleston  and  shall  permit  copies  to 
be  made  of  such  registration  books  by  any  proper  officer  of  the 
city  of  Charleston. 

Sec.  10.  Candidates  to  be  voted  for  at  any  municipal  election 
may  be  nominated  by  convention,  or  primary  election,  as  may  be 
decided  by  the  executive  committees  of  any  of  the  parties  recog¬ 
nized  by  law  in  said  city,  and  candidates  may  be  nominated  by 
petition  in  the  manner  provided  by  chapter  three  of  the  code  of 
West  Virginia.  Each  of  the  political  parties  having  the  right  to 
make  a  nomination  under  the  election  laws  of  West  Virginia 
shall  give  notice  of  the  manner  of  such  nomination  by  publica¬ 
tion  thereof  in  some  daily  newspaper  printed  in  the  city  of 
Charleston  for  ten  days  prior  to  the  date  of  such  convention  or 
primary  election. 

Sec.  11.  On  the  first  Monday  in  April,  one  thousand  nine 
hundred  and  nineteen,  and  on  the  second  Monday  preceding  any 
city  election  held  under  the  provisions  of  this  act,  the  city  council 
shall  appoint  two  commissioners  of  election,  one  from  each  of  the 
two  political  parties  which  did  at  the  state  and  county  election 
held  in  said  city  on  the  fifth  day  of  November,  one  thousand  nine 
hundred  and  eighteen,  cast  the  highest  number  of  votes,  and  if 
at  any  time  during  the  said  session  of  the  city  council  the  city 
executive  committee  of  either  political  party  from  which  said! 
commissioners  of  election  are  to  be  selected  or  appointed  shall 
present  to  said  council  a  writing  signed  by  them,  or  by  the  chair¬ 
man  of  said  committee  in  their  behalf,  requesting  the  appoint¬ 
ment  of  a  qualified  voter  of  their  political  party  ivith  his  city 
address  and  who  is  othenvise  * qualified  to  act  as  such  commis¬ 
sioner  of  election  under  chapter  three  of  the  code  of  West  Vir¬ 
ginia,  it  shall  be  the  duty  of  such  council  to  appoint  the  person 
named  in  such  writing  as  such  commissioner.  The  county  court 
of  Kanawha  county  shall  hold  a  regular  or  special  session  at  the 
court  house  of  said  county  on  the  first  Monday  in  April,  one 
thousand  nine  hundred  and  nineteen,  and  shall  appoint  one 
qualified  voter  as  commissioner  of  election  for  each  precinct  in 
said  city,  and  all  city  elections  shall  in  all  other  respects  be  held 
in  the  wap  and  manner  prescribed  in  said  chapter  three  of  the 


23 


code  of  West  Virginia ,  except  that  no  double  election  boards  shall 
be  appointed  for  any  city  election.  If  the  county  court  of  Kan¬ 
awha  county  shall  at  any  time  arrange  the  voting  precincts  in 
the  city  of  Charleston  for  state  and  county  elections  according  to 
the  lines  of  the  city  wards  hereinbefore  provided,  then  at  all  sub¬ 
sequent  city  elections  such  precincts  with  the  same  boundaries 
and  same  voting  places  as  provided  for  such  state  and  county 
elections  shall  be  the  precincts  for  all  city  elections. 

Sec.  12.  The  preparation  of  the  ballot  and  the  method  of  voting 
and  all  other  requirements  of  chapter  three  of  the  code  of  West  Vir¬ 
ginia,  except  as  changed  or  modified  by  this  act,  shall  govern  all  city 
elections  held  under  the  provisions  hereof. 

Council. 

Sec.  IS.  The  city  of  Charleston  shall  have  a  council ,  which 
shall  be  known  and  styled  as  the  “ Council  of  the  City  of  Charles¬ 
ton”  and  shall  be  composed  of  twenty  members,  one  from  each  of 
the  fifteen  wards  of  the  city,  and  five  councilmen  to  be  voted  for 
by  all  the  voters  of  said  city,  all  of  whom  shall  be  nominated , 
voted  for  and  elected  in  the  manner  herein  provided. 

Sec.  Vf.  Only  citizens  entitled  to  vote  and  residents  and 
voters  of  their  respective  wards  and  having  the  property  qualifi¬ 
cations  hereinbefore  provided  shall  be  eligible  to  be  elected  to  the 
office  of  councilmen  from  their  respective  ivards  and  at  large,  and 
each  councilman  so  elected  from  a  ward  shall  continue  to  be  a 
resident  of  the  ward  from  which  he  is  elected  during  his  entire 
term  of  office. 

At  the  election  to  be  held  on  the  third  Monday  in  April,  one 
thousand  nine  hundred  and  nineteen,  there  shall  be  elected  one 
member  of  the  council  from  each  ward  and  five  members  of  the 
council  from  the  city  at  large.  If  any  person  elected  to  council 
fails  to  qualify  within  twenty  days  after  he  is  declared  elected,  or 
resign  as  a  member  of  the  council,  or  cease  to  be  a  resident  of 
the  ward  from  which  he  is  elected,  then  his  office  shall  thereby  be 
vacated  and  the  council  shall  fill  such  vacancy  by  the  election  of 
some  qualified  person  for  such  unexpired  term.  No  person  shall 
be  declared  elected  by  the  council  unless  he  receives  the  votes  of 
at  least  eleven  members  thereof,  and  the  minutes  of  such  meeting 
shall  show  that  fact. 

Sec.  15.  The  mayor  shall  be  the  presiding  officer  of  the  council 


\ 


I 


24 

and  be  a  member  thereof ,  with  the  right  to  vote  on  all  questions 
the  same  as  any  other  member  of  said  council,  and  the  city  cleric 
shall  be  ex-officio  cleric  of  the  council ,  and  also  perform  the  duties 
of  cleric  of  the  police  court,  and  the  mayor  and  city  cleric  shall 
each  perform  such  other  duties  as  the  council  may  require  of 
them.  The  council  shall,  at  its  first  meeting  after  each  election, 
select  one  of  its  body  as  president  pro  tempore,  who  shall,  in  the 
absence  of  the  mayor,  preside  as  chairman  of  the  meeting  of  the 
council,  and  in  the  absence  of  both  the  mayor  and  president  pro 
tempore  at  any  meeting  of  the  council,  some  member  of  the 
council  shall  be  elected  to  preside  over  such  meeting. 

Sec.  16.  Whenever  a  majority  of  the  newly  elected  members  of  the 
council  shall  have  qualified  they  shall  enter  upon  the  duties  of  their 
said  offices  as  a  body  and  shall  supersede  the  board  of  affairs  and  for¬ 
mer  council. 

Sec.  17.  The  council  shall  exercise  all  of  the  legislative  functions 
of  the  city  government,  and  shall  have  the  right  to  demand  of  any  city 
official,  or  employee,  information,  explanations,  facts,  details,  corre¬ 
spondence,  or  other  papers  affecting  the  city’s  interest;  and  it  shall  be 
misfeasance  and  neglect  of  duty  for  any  such  official  or  employee  to 
fail  or  refuse  to  comply  with  such  demands. 

Sec.  18.  The  council  shall  by  proper  ordinance  provide  for  the 
auditing  of  all  the  books  and  accounts  of  the  city  at  least  once  in  each 
year,  and  shall  employ  a  reputable  certified  public  accountant  for  such 
purpose,  and  such  audit  shall  show  the  complete  financial  condition  of 
the  city  at  the  time  thereof  and  the  receipts  and  disbursements  of  all 
moneys  during  such  year.  The  council  shall  also  provide  by  ordinance 
for  the  publication  of  the  report  of  the  accountant  on  the  financial  con¬ 
dition  of  the  city  at  least  once  in  each  year,  and  such  report  of  the 
accountant  shall  be  spread  upon  the  records  of  the  council  and  be  a 
public  record  for  all  purposes. 

Sec.  19.  Any  member  of  the  council,  and  any  city  official,  either 
elected  or  appointed,  may  be  removed  from  his  office  by  the  council 
for  any  of  the  following  causes:  Official  misconduct,  incompetence, 
habitual  drunkenness,  neglect  of  duty,  oi  gross  immorality.  The 
charges  against  any  such  officer  shall  be  reduced  to  writing  and  en¬ 
tered  of  record  by  the  council,  and  a  summons  shall  thereupon  be  is¬ 
sued  by  the  city  clerk  containing  a  copy  of  the  charges  and  requiring 
the  officer  named  therein  to  appear  and  answer  the  same  on  a  day  to 
be  named  therein,  which  summons  may  be  served  in  the  same  manner 
as  a  summons  commencing  an  action  may  be  served,  and  the  service 


25 


must  be  made  at  least  five  days  before  the  return  day  thereof,  and  it 
shall  require  the  affirmative  vote  of  two-thirds  of  all  the  members 
elected  to  council  to  remove  any  such  official.  The  circuit  court  of 
Kanawha  county  shall  have  concurrent  jurisdiction  with  the  council 
to  try,  hear  and  determine  any  proceedings  for  the  removal  of  any 
city  official  for  any  of  the  causes  herein  mentioned. 

The  mayor,  or  any  other  city  official  having  the  power  of  appoint¬ 
ment,  shall  have  the  absolute  right  in  his  discretion  to  remove  any  of 
his  appointees  and  appoint  other  qualified  persons  in  his  place,  but 
such  removal  shall  be  in  writing  and  served  upon  said  official  so  re¬ 
moved,  and  all  the  rights  and  powers  of  such  official  shall  cease  and 
end  from  the  time  of  such  service. 

Sec.  20.  The  council  shall  make  proper  rules  and  regulations  for  its 
own  government  and  the  conduct  of  its  business,  which  rules  shall  not 
be  contrary  to,  or  inconsistent  with,  any  of  the  provisions  of  this  act, 
and  such  rules  shall  be  duly  entered  of  record  and  shall  be  published 
by  the  council  in  any  municipal  code  or  other  publication  made  by 
the  council  of  this  act  and  the  ordinances  of  said  city.  The  council 
shall  cause  a  record  of  its  meetings  to  be  kept  and  recorded  by  the 
city  clerk  in  a  well  bound  book  provided  by  the  council  for  that  pur¬ 
pose,  which  book  shall  remain  in  the  custody  and  at  the  office  of  the 
city  clerk,  and  all  the  books  containing  the  proceedings  of  former 
councils  or  other  governing  bodies  of  the  city  of  Charleston,  shall 
likewise  remain  in  the  custody  and  be  kept  at  the  office  of  the  city 
clerk,  and  all  such  books  and  all  city  records  shall  at  reasonable  hours 
and  in  a  reasonable  manner  be  open  to  the  inspection  of  the  public. 

Sec.  21.  The  council  shall  hold  regular  meetings  on  the  first  and 
third  Mondays  of  each  month,  and  the  hour  and  place  of  such  meet¬ 
ings  shall  be  fixed  by  the  council  in  the  rules  adopted  by  it,  and,  until 
it  shall  adopt  such  rules,  tlie  hour  of  the  meetings  shall  be  7 :30  p.  M. 
on  each  of  said  Mondays^  and  the  place  shall  be  the  council  chamber 
of  the  city  hall. 

Sec.  22.  Special  meetings  of  the  council  shall  be  held  when  called 
by  the  mayor  or  ten  members  thereof.  In  either  case,  the  call  there¬ 
for  shall  be  in  writing  and  signed  by  the  mayor  or  members  issuing 
it,  and  shall  state  the  time,  place  and  business  to  be  considered 
thereat,  and  a  copy  thereof  shall  be  served  upon  each  member  of  the 
council  then  in  the  city,  and  also  be  published  on  two  successive  days 
in  two  daily  newspapers  printed  and  circulated  therein.  No  business, 
other  than  that  stated  in  such  call,  shall  be  considered  at  such  meeting. 


26 


Contested  Elections. 

Sec.  23.  All  contested  elections  shall  he  heard  and  determined  by 
the  council  and  such  contests  shall  be  made  and  conducted  in  the 
same  manner  as  provided  for  in  the  case  of  contests  for  county  and 
district  officers;  and  the  council  shall  conduct  its  proceedings  in  such 
cases  as  nearly  as  practicable  in  conformity  with  the  proceedings  of 
the  county  court  in  such  cases,  and  there  shall  be  the  same  right  of 
appeal,  in  the  same  way,  to  the  circuit  court  of  Kanawha  county. 

Oaths  of  Officers . 

Sec.  24.  All  officers  elected  and  appointed  shall  take  an  oath,  be¬ 
fore  some  one  authorized  to  administer  oaths,  that  they  will  support 
the  constitution  of  the  United  States,  the  constitution  of  this  state, 
and  will  faithfully  and  impartially  discharge  the  duties  of  their  re¬ 
spective  offices  to  the  best  of  their  skill  and  judgment;  that  they  are 
not  then  and  will  not  during  their  term  of  office,  in  any  way  or  manner 
become  pecuniarly  interested  directly  or  indirectly  in  any  contract 
with  the  city,  in  any  franchise  granted  by  it,  or  in  the  purchase  of 
supplies  therefor.  When  the  officer  shall  have  made  such  oath  in 
writing  and  filed  the  same  with  the  city  clerk  and  shall  have  given 
the  bond  required  of  him,  he  shall  be  considered  as  having  qualified 
for  the  office  to  which  he  was  elected  or  appointed;  provided ,  that  if 
any  person  so  elected  or  appointed  shall  not  qualify  for  said  office  as 
herein  prescribed,  within  twenty  days  after  he  shall  have  been  officially 
declared  elected  or  appointed  thereto,  said  office  shall  ipso  facto  be¬ 
come  vacant,  and  said  vacancy  shall  be  filled  in  the  same  manner  as 
other  vacancies  therein  are  provided  for  in  this  act. 

Bond  of  Officers. 

Sec.  25.  The  mayor,  manager,  city  clerk,  treasurer,  city  solicitor, 
city  collector,  police  judge,  health  commissioner,  chief  of  police  and 
chief  of  fire  department,  each  shall,  before  entering  upon  the  dis¬ 
charge  of  their  respective  duties,  give  an  official  bond,  conditioned 
for  the  faithful  performance  of  such  duties  as  are  prescribed  in  this 
act  or  any  ordinance  now  or  hereafter  passed,  in  amounts  as  follows: 
The  mayor,  one  thousand  dollars;  manager,  ten  thousand  dollars; 
city  collector,  ten  thousand  dollars;  the  treasurer,  sixty  thousand 


27 


dollars;  the  city  clerk,  police  judge  and  city  solicitor,  three  thousand 
dollars,  respectively;  health  commissioner,  chief  of  police  and  chief 
of  the  tire  department,  one  thousand  dollars,  respectively. 

The  council  may  require  additional  bond  from  any  of  said  ap¬ 
pointive  officers,  and  may  likewise  require  bond,  in  whatever  sum 
they  may  fix,  of  any  other  appointive  officer  or  employee.  All  bonds 
of  officers  or  employees  shall,  before  their  acceptance,  be  approved  by 
the  council.  The  minutes  of  the  meeting  of  council  shall  show  all 
matters  touching  the  consideration  or  approval  of  all  bonds,  and  when 
said  bonds  -are  approved  and  accepted,  they  shall  be  recorded  by  the 
city  clerk  in  a  well  bound  book  kept  by  him  at  his  office  for  that  pur¬ 
pose,  which  book  shall  be  open  to  public  inspection;  and  the  recorda¬ 
tion  of  such  bonds  as  aforesaid  shall  be  prima  facie  proof  of  their 
correctness,  and  they,  as  so  recorded,  as  well  as  copies  thereof  duly 
attested  by  the  city  clerk  under  the  seal  of  the  city,  shall  be  admitted 
as  evidence  in  all  courts  of  this  state  The  city  clerk  shall  be  the 
custodian  of  all  bonds^  except  that  given  by  him,  and  as  to  it,  the  city 
treasurer  shall  be  custodian.  All  bonds,  obligations  or  other  writings 
taken  in  pursuance  of  any  provisions  of  this  act,  shall  be  made  pay¬ 
able  to  “The  City  of  Charleston,”  and  the  respective  persons,  and 
their  heirs,  executors,  administrators  and  assigns  bound  thereby  shall 
be  subject  to  the  same  proceedings  on  said  bonds,  obligations  and 
other  writings,  for  the  purpose  of  enforcing  the  conditions  of  the 
terms  thereof,  by  motion  or  otherwise,  before  any  court  of  record  held 
in  and  for  the  county  of  Kanawha,  that  collectors  of  county  levies 
and  their  sureties  are  or  shall  be  subject  to  on  their  bonds  for  enforc¬ 
ing  the  payment  of  the  county  levies. 

Quorum. 

Sec-  26.  A  majority  of  the  whole  number  of  members  elected  to 
the  council  shall  be  necessary  for  the  transaction  of  business,  but  a 
smaller  number  may  adjourn  from  time  to  time  and  may  compel  the 
attendance  of  absent  members,  in  such  manner  and  under  such  penal¬ 
ties  as  it  may  by  rules  provide. 

How  Vote  Taken 

Sec.  27.  Unless  otherwise  herein  provided,  the  vote  upon  any 
question  or  motion  before  the  council  may  be  viva  voce  when  unani¬ 
mous;  but  if  the  question  or  motion  does  not  receive  the  unanimous 


28 


vote  of  the  members  present,  the  vote  shall  be  taken  by  roll  call  of 
the  members  and  made  a  part  of  the  minutes  of  the  meeting,  and 
when  the  vote  is  unanimous  the  minutes  shall  so  state. 

Minutes  of  the  Meetings. 

* 

Sec.  28.  The  city  clerk  shall  be  ex-officio  clerk  of  the  council  and 
shall  keep  detailed  minutes  of  its  meetings  and  proceedings  in  a  well 
bound  book  for  that  purpose,  which  shall  remain  in  the  custody  of 
the  city  clerk  at  his  office  and  open  to  public  inspection.  The  minutes 
of  every  meeting  after  being  corrected,  shall  be  signed  by  the  mayor 
and  city  clerk,  and,  if  thus  recorded  and  signed,  they  shall  be  ad¬ 
mitted  as  evidence  in  any  court  of  record  in  this  state. 

Sec.  29.  No  officer  of  the  city  shall  hold  two  offices  with  the  city 
at  the  same  time,  or  be  employed  by  the  city  in  any  other  capacity, 
without  first  having  the  consent  of  the  council.  All  officers,  except 
those  under  civil  service,  shall  hold  their  respective  offices  for  a  term 
of  two  years,  except  the  councilmen  elected  hereunder,  who  shall  hold 
their  offices  for  the  period  of  time  hereinbefore  provided. 

Sec.  30.  Whenever  the  mayor  or  other  officer  shall  fail  to  make 
any  and  all  appointments  under  him,  or  required  to  be  made  by  him, 
for  a  period  of  thirty  days  from  the  time  such  appointment  should 
have  been  made,  he  shall  forfeit  his  office,  and  the  same  shall  be  de¬ 
clared  vacant  by  the  council,  and  his  successor  appointed,  in  the  man¬ 
ner  herein  provided. 

Sec.  31.  Whenever  a  vacancy  for  any  cause  whatever  shall  occur 
in  the  office  of  mayor  or  treasurer,  the  council  shall  elect  some 
qualified  person  to  fill  said  vacancy  until  the  next  city  election,  and 
until  his  successor  shall  have  been  elected  and  qualified;  and  when 
such  vacancy  shall  occur  in  the  office  of  any  appointive  officer,  his 
successor  shall  be  appointed  by  the  person  making  the  original  ap¬ 
pointment,  or  his  successor  in  office,  as  hereinbefore  provided;  and 
all  elective  and  appointive  officers  of  said  city  shall  hold  their  re¬ 
spective-offices  until  their  successors  are  elected,  or  appointed,  and 
qualified,  unless  sooner  removed. 

Sec-  32.  Any  member  of  council  or  any  officer  of,  or  connected 
with,  the  city  government  pursuant  to  any  law  of  this  state  or  ordi¬ 
nance  of  the  city  now  or  hereafter  passed,  who  shall,  in  his  official 
capacity  or  under  color  of  his  office,  knowingly  or  wilfully,  or  cor¬ 
ruptly  vote  for,  assent  to  or  report  in  favor  of,  or  allow,  or  certify 
for  allowance,  any  claim  or  demand  against  the  city,  which  claim 


or  demand  shall  be  on  account  or  under  color  of  any  contract  or 
agreement  not  authorized  by  or  in  pursuance  of  the  provisions  of 
this  act,  or  the  ordinances  of  the  city,  or  any  claim  or  demand  against 
the  city  and  which  claim  or  demand  or  any  part  thereof  shall  be  for 
work  not  performed  for  and  by  authority  of  said  city,  or  for  the  sup¬ 
plies  or  materials  not  actually  furnished  thereto  pursuant  to  law  or 
ordinance,  and  every  such  member  or  officer  as  aforesaid  who  shall 
knowingly  vote  for,  assent  to,  assist  or  otherwise  permit,  or  aid  in 
the  disbursement  or  disposition  of  any  money  or  property  belonging 
to  the  city  to  any  other  than  the  specific  use  or  purpose  for  which 
such  money  or  property  shall  be  or  shall  have  been  received  or  ap¬ 
propriated  or  collected  or  authorized  by  law  to  be  received,  appro¬ 
priated  or  collected,  shall,  upon  conviction  thereof,  be  punished  by 
imprisonment  in  the  county  jail  for  a  period  of  not  less  than  sixty 
days  nor  more  than  pne  year  or  by  a  fine  of  not  less  than  five  hundred 
dollars,  or  more  than  two  thousand  dollars,  or  by  both.  But  the 
council  shall  pay  any  just  obligations  made  by  the  city  and  keep  and 
perform  all  contracts,  agreements  and  obligations  made  under  the 
law  as  it  was  the  day  before  this  act  goes  into  effect,  and  for  which 
and  on  which  the  city  is  liable  or  obligated. 

Attendance  of  Witnesses — Punishing  Contempts ,  etc. 

Sec.  33.  The  council  in  the  exercise  of  its  powers  and  the  per¬ 
formance  of  its  duties,  as  prescribed  by  this  act,  and  by  the  laws  of 
the  state,  shall  have  the  power  to  enforce  the  attendance  of  witnesses, 
the  production  of  books  and  papers,  and  the  power  to  administer  oaths 
in  the  same  manner  and  with  like  effect,  and  under  the  same  penal¬ 
ties,  as  notaries  public,  justices  of  the  peace,  and  other  officers  of  the 
state  authorized  to  administer  oaths  under  state  laws;  and  said 
council  shall  have  the  power  to  punish  for  contempt  as  is  conferred  on 
county  courts  by  section  thirteen  of  chapter  thirty-nine  of  the  code. 
All  process  necessary  to  enforce  the  powers  conferred  by  this  act  on 
the  council  shall  be  signed  by  the  mayor  (or  acting  mayor),  and  may 
be  executed  by  any  member  of  the  police  force. 

Absence  of  Officers. 

Sec.  34.  Whenever  for  any  reason  the  mayor  shall  be  absent  from 
the  city,  or  unable  to  attend  to  the  duties  of  his  office  temporarily, 
the  president  pro  tem  of  the  council  shall  perform  them  during  such 
absence  or  inability,  and  in  the  absence  or  inability  of  the  manager 


> 


30 


to  attend  to  the  duties  of  his  office  temporarily,  the  mayor  shall  desig¬ 
nate  some  one  to  perform  such  duties,  provided  that  such  temporary 
absence  or  inability  shall  not  exceed  thirty  days,  but  if  such  absence 
or  inability  shall  exceed  thirty  days,  then  such  appointment  or  desig¬ 
nation  shall  bQ  submitted  to  the  council,  for  confirmation  or  rejection. 
In  the  absence  or  inability  of  any  other  appointive  city  official  to 
perform  the  duties  of  his  office,  the  person  or  body  making  the  original 
appointment,  or  his  successor  in  office,  shall  designate  some  one  to 
fill  such  office  temporarily,  or  if  such  absence  or  inability  extends  over 
a  period  of  sixty  days,  he  may  appoint  some  one  to  fill  such  office 
permanently. 

Mayor  and  Other  Officers. 

Sec.  35.  There  shall  he  a  mayor,  twenty  members  of  council , 
a  police  judge  and  treasurer  elected  on  the  third  Monday  in 
April,  one  thousand  nine  hundred  and  nineteen,  for  the  term  Of 
four  years,  and  their  successors  shall  he  elected  every  four  years 
thereafter ,  and  their  terms  of  office  shall  begin  on  the  first  Mon¬ 
day  of  May  after  their  election.  The  mayors  salary  shall  he  not 
less  than  three  thousand  nor  more  than  five  thousand  dollars  per 
annum,  and  he  shall  not  he  eligible  to  hold  said  office  for  more 
than  two  terms  in  succession. 

v 

The  mayor  shall  appoint  the  city  solicitor,  the  chief  of  police 
and  all  policemen,  humane  officer  or  officers,  building  inspector, 
collector,  city  auditor,  engineer,  health  commissioner,  lockup 
keeper,  and  the  chief  of  the  fire  department,  and  these  appoint¬ 
ments  shall  not  require  any  confirmation  by  the  council ,  but  shall 
be  made  at  the  discretion  of  the  mayor,  who  shall,  with  like  dis¬ 
cretion,  have  the  full  and  complete  power  of  the  removal  thereof. 
The  mayor  shall  appoint  the  manager,  by  and  with  the  advice 
and  consent  of  the  council,  arid  the  mayor  shall,  at  the  first 
meeting  of  the  council  on  or  after  the  first  day  of  May,  one  thou¬ 
sand  nine  hundred  and  nineteen,  send  to  the  council  the  nomina¬ 
tion  of  some  fit  and  proper  person  for  the  office  of  manager,  and 
the  council  shall,  either  at  a  regular  or  special  meeting  called  for 
that  purpose  in  the  said  month  of  May,  pass  upon  such  nomina¬ 
tion  and  either  confirm  or  reject  the  same,  and  if  such  nomina¬ 
tion  is  rejected,  then  the  mayor  shall  submit  to  the  council  a 
further  nomination  of  some  other  person  or  persons  until  the 
nomination  is  confirmed  by  council,  for  said  office  of  manager, 
but  it  shall  be  the  duty  of  the  council  to  pass  upon  all  nomina- 


31 


tions  without  any  unreasonable  delay,  and  in  any  event  within 
two  weeks  after  the  submission  of  the  same,  and  the  failure  of 
members  of  the  council  to  pass  thereon  within  such  time  shall  be 
cause  for  the  removal  from  office  of  such  members  of  the  council. 

The  council  shall  appoint  a  city  clerk.  The  manager  shall 
appoint  or  employ  such  persons  as  the  ordinances  of  the  city  may 
require  or  the  council  may  authorize  by  proper  resolution.  All 
such  officers  shall  be  appointed  for  the  term  of  four  years  and 
until  their  successors  are  appointed  and  qualified,  unless  they  are 
removed  in  the  way  and  manner  in  this  act  provided. 

* 

It  shall  be  the  duty  of  the  mayor  to  attend  all  meetings  of  the 
council  and  preside  over  that  body. 

It  shall  be  the  duty  of  the  mayor  to  see  that  all  of  the  laws  and 
ordinances  of  the  city  are  enforced  and  he  shall  have  a  general 
oversight  over  the  peace,  health  and  good  order  of  the  city. 

The  duties  of  the  city  solicitor  shall  be  to  attend  the  sessions 
of  council,  and.  to  prosecute  all  suits  in  behalf  of  the  city  and 
defend  all  suits  against  the  city,  to  advise  the  council  and  all  of 
the  departments  of  Ihe  city  and  in  general  to  look  after  the  in¬ 
terests  of  the  city  when  it  shall  need  legal  services,  for  which  he 
shall  receive  a  salary  of  twenty-five  hundred  dollars  per  annum. 
All  fees  of  every  kind  collected  by  any  officer  or  employee,  in¬ 
cluding  the  police  judge  when  acting  as  a  justice  shall  be  paid  to 
the  city  treasurer . 

Sec.  36.  The  manager  shall  be  appointed  in  the  way  and 
manner  hereinbefore  provided  and  shall  receive  such  salary  as 
council  may  by  ordinance  prescribe,  provided  such  amount  shall 
not  be  less  than  three  thousand  nor  more  than  five  thousand 
dollars  per  annum,  and  he  shall  have  the  right  to  employ  one 
clerk  at  such  salary  as  council  may  fix,  and  such  other  help  as  he 
may  require  and  as  council  may  from  time  to  time  allow. 

The  manager  shall  devote  his  entire  time  and  attention  to  the 
duties  of  his  office,  and  shall  have  supervision  and  control  of  the 
executive  work  and  management  of  the  heads  of  all  departments 
under  his  control  as  directed  by  the  mayor.  lie  shall  make  all 
contracts  for  labor  and  supplies,  and  generally  perform  all  of  the 
administrative  work  of  the  city,  and  such  other  duties  as  council 
may  require  of  him,  and  shall  possess  such  other  powers  and  per¬ 
form  such  other  duties  as  council  shall  prescribe. 


32 


Franchises  and  Ordinances. 

Sec.  37.  All  franchise  granting  the  right  of  occupancy  of  any 
portion  of  the  streets  or  alleys  for  works  of  public  utility  or  service, 
or  granting  any  right  or  privilege,  which  the  city  has  the  power  to 
grant  to  individuals,  firms  or  corporations,  in  order  that  the  latter 
may  serve  the  public,  may  be  made,  but  only  upon  the  following  re¬ 
strictions  and  conditions:  All  such  franchises,  rights  and  privileges 
shall  be  granted  only  by  ordinance  duly  passed  by  the  council. 

No  grant  of  any  such  franchise  shall  be  made  without,  at  the  time 
of  making  it,  providing  that  the  grantee  shall  indemnify  the  city 
against  all  damages  caused  by  construction,  maintenance  or  operation 
of  such  works.  Additional  provisions  and  conditions  shall  be  made 
for  the  protection  of  the  public  against  damage  or  inconvenience  by 
reason  of  the  construction,  maintenance  or  operation  thereof. 

No  grant  of  a  franchise  for  the  extension  of  or  an  addition  to  any 
line  or  work  of  public  service  through,  over  or  under  any  additional 
street  or  territory  of  the  city,  shall  be  made  for  a  period  extending 
beyond  the  time  limited  for  the  expiration  of  franchise  of  the  prin¬ 
cipal  work  of  which  it  is  an  extension  and  if  the  franchise  of  the 
principal  work  is  one  granted  before  this  act  goes  into  effect  and  not 
limited  as  to  time,  any  franchise  granted  for  an  extension  or  addition 
thereto  shall  nevertheless  be  made  subject  to  the  conditions  thereof, 
including  a  time  limit  for  a  period  not  exceeding  twenty-five  years. 
All  franchises  hereafter  granted  shall  embody  therein  a  plainly  ex¬ 
pressed  condition,  where  the  franchise  is  for  work  to  be  useful  chiefly 
to  the  citizens  of  the  city,  that  at  the  expiration  of  such  franchise  or 
certain  periods  therein  mentioned,  the  grantee  shall,  if  required  By 
the  governing  body  of  the  city,  sell  to  the  city  the  plant  at  its  actual 
physical  value,  exclusive  of  any  value  for  the  franchise  granted  by  the 
city  or  its  earning  capacity  or  productive  worth,  and  no  exclusive 
franchise  shall  be  granted- 

If  the  city  and  the  owner  of  the  plant  cannot  agree  upon  its  worth, 
then  the  value  shall  be  ascertained  by  an  impartial  arbitration,  one 
arbitrator  to  be  selected  by  the  city,  one  by  such  owner  of  the  plant, 
these  two  to  select  a  third  and  the  decision  of  any  two  to  be  binding 
upon  both  parties,  and  if  they  shall  fail  for  a  period  of  thirty  days 
to  select  such  third  arbitrator,  then  either  party  may  apply  to  the 
judge  of  the  circuit  court  of  Kanawha  county  who  shall  then  appoint 
such  third  arbitrator. 


33 


No  franchise  shall  be  granted  without  the  affirmative  vote  of  two- 
thirds  of  all  the  members  elected  to  said  council. 

Sec.  38.  When  any  franchise  granting  the  right  to  use  the  streets, 
alleys  or  public  grounds,  shall  be  applied  for,  the  application  or  peti¬ 
tion  shall  be  advertised  in  two  newspapers,  published  in  said  city, 
thirty  days  before  the  same  shall  be  heard  and  determined  by  the 
council;  and  any  ordinance  granting  such  rights  and  franchises  shall, 
on  the  petition  of  ten  per  cent  of  the  votes  cast  for  all  candidates 
for  the  office  of  mayor  at  the  last  preceding  election,  be  submitted  to 
the  voters  at  a  special  election,  for  adoption  or  rejection,  which  shall 
be  by  a  majority  of  the  votes  cast;  said  election  to  be  held  and  con¬ 
ducted  as  other  municipal  elections  are  held,  except  that  all  of  the 
expenses  of  said  election  shall  be  borne  by  the  party  or  corporation 
desiring  said  rights  and  franchise. 

All  such  ordinances  shall  protect  the  interests  of  the  city,  as  pro¬ 
vided  in  section  thirty-eight,  as  well  as  such  additional  conditions, 
compensations  or  limitations  as  council  may  prescribe. 

Sec.  39.  Council  shall  have  the  right  to  appoint  such  committees 
of  its  own  body  as  it  may  deem  proper,  and  may  give  such  committees 
power  and  authority  to  perform  any  duties  and  make  any  reports  to 
council  concerning  the  duties  of  council,  and  council  may  adjourn 
its  meetings  from  time  to  time,  pending  the  consideration  of  any 
matter,  franchise  or  ordinance,  and  may  postpone  the  announcement 
of  any  vote  to  an  adjourned  meeting  or  to  a  future  meeting. 

Sec.  40.  The  style  of  all  ordinances  enacted  by  the  council  shall 
be  “Be  it  ordained  by  the  Council  of  the  City  of  Charleston.” 

Sec.  41.  No  ordinance  shall  be  passed,  except  by  bill,  and  no  bill 
shall  be  so  amended  in  its  passage  as  to  change  its  original  purpose 
All  bills  must  be  in  writing  or  printed  and  presented  and  read  in  full 
by  the  city  clerk.  No  bill  shall  be  considered  for  final  passage  at  the 
meeting  at  which  it  was  introduced,  but  at  any  subsequent  meeting 
of  the  council  such  bills  may  be  taken  up  for  consideration  and  final 
action.  No  bill,  except  general  appropriation  bills  which  may  embrace 
the  various  subjects  and  accounts  for  and  on  account  of  which  moneys 
are  appropriated,  shall  contain  more  than  one  subject,  which  shall  be 
clearly  expressed  in  its  title.  No  bill  shall  become  an  ordinance  unless 
on  its  final  passage  a  majority  of  the  council  vote  in  its  favor  and 
the  vote  be  taken  by  the  yeas  and  nays,  and  the  names  of  the  mem¬ 
bers  voting  for  and  against  the  same,  be  entered  of  record  in  the 
minutes  of  the  proceedings  of  the  council.  No  ordinance  shall  be 
revised  or  re-enacted  by  mere  reference  to  the  title  thereof,  but  the 


34 


same  shall  be  set  forth,  at  length  as  if  it  were  an  original  ordinance, 
nor  shall  any  ordinance  be  amended  by  providing  that  designated 
words  thereof  be  stricken  out  and  others  inserted  in  lieu  thereof,  but 
the  ordinance  or  sections  amended  shall  be  set  forth  in  full  as 
amended.  All  ordinances  in  force  at  the  time  this  charter  goes  into 
effect,  not  inconsistent  therewith,  shall  remain  in  full  force  until 
altered  or  repealed  as  herein  provided,  and  all  rights,  actions,  pre¬ 
scriptions  and  contracts  of  the  city  not  inconsistent  therewith  shall 
continue  to  be  valid  as  if  this  act  had  not  been  passed. 

Sec.  42.  All  ordinances  passed,  shall  be  spread  in  extenso  upon 
the  records  of  the  council  when  adopted.  The  council  shall  provide 
a  well-bound  book  in  which  shall  be  copied  by  the  city  clerk  all 
ordinances  in  the  order  in  which  they  are  passed,  which  ordinances, 
when  so  copied,  shall  be  compared  with  the  originals  by  the  mayor 
and  shall  be  signed  by  him  when  found  correct.  Such  books  shall  be 
indexed  so  as  to  show  in  brief  form  the  substance  of  the  ordinance, 
and  shall  be  received  by  all  courts  and  justices  in  this  state  as  evi¬ 
dence,  but  the  council  may  adopt  by  ordinance  properly  designating 
and  describing  it,  a  code  of  laws  and  ordinances,  which  when  adopted 
shall  be  printed  in  book  form,  or  said  council  may  designate  any  com¬ 
mittee,  or  attorney,  or  the  city  solicitor  to  prepare  a  code  of  ordi¬ 
nances  for  the  government  of  the  city  of  Charleston,  and  said  coun¬ 
cil  may  by  ordinance  adopt  the  code  so  prepared  as  a  whole,  and 
when  said  ordinance  adopting  said  code  shall  have  been  passed  by 
the  council,  the  said  code  shall  be  and  become  the  law  and  ordinances 
of  said  city,  and  may  be  printed  by  order  of  the  council,  and  the 
same  shall  be  so  received  as  evidence  of  what  is  printed  therein,  until 
errors  or  omissions  be  affirmatively  shown  therein. 

Sec.  43.  All  persons  elected  or  appointed  to  the  offices  named  in 
this  act  shall  be  conservators  of  the  peace  within  said  city,  and  they, 
and  any  other  officer  provided  for  under  this  act,  may  be  given 
authority  of  police  officers  by  the  council. 

Sec.  44.  The  police  judge  shall  be  ex-officio,  a  justice  and  a  con¬ 
servator  of  the  peace,  with  authority  to  issue  process  for  all  offenses 
committed  within  the  police  jurisdiction  of  the  city  of  Charleston,  of 
which  a  justice  of  the  peace  has  jurisdiction  under  state  statutes,  and 
for  all  violations  of  any  city  ordinances,  and  shall  have  charge  of  and 
preside  over  the  police  court  of  such  city;  and  may  commit  persons 
charged  with  felony  or  misdemeanor  to  jail  or  take  bond  for  their 
appearance  before  the  grand  jury  of  the  circuit,  intermediate  or 


-35 


criminal  courts  of  Kanawha  county;  he  shell  keep  an  accurate  record 
of  all  his  judicial  proceedings  in  said  court,  showing  the  style  of  each 
case,  which  record  shall  be  indexed  and  numbered.  It  shall  be  his 
duty  to  hold  daily  sessions  of  his  said  court,  Sunday  excepted.  Be¬ 
fore  trying  any  person  charged  with  any  violation  of  any  ordinance 
he  shall  issue  his  warrant  specifying  the  offense  or  violation  charged; 
he  shall  render  judgment  in  any  case  as  the  law  of  the  state  or  the 
ordinance  of  the  city  applying  thereto  may  require ;  he  shall  also  have 
the  power  to  issue  executions  for  all  fines,  penalties  and  costs  imposed 
by  him  and  he  may  require  immediate  payment  thereof,  and  in  de¬ 
fault  of  such  payment,  may  commit  the  party  so  in  default  to  the 
jail  of  the  county  of  Kanawha,  or  other  place  of  imprisonment  in 
said  city,  if  there  be  one,  until  the  fine  and  penalty  and  costs  shall  he 
paid  or  satisfied,  to  be  employed  during  the  term  of  imprisonment  as 
hereafter  provided,  but  the  term  of  imprisonment  in  any  such  case 
shall  not  exceed  thirty  days,  and  in  all  cases  where  a  person  is  sen¬ 
tenced  to  imprisonment  or  to  the  payment  of  a  fine  of  ten  dollars  or 
more,  such  person  shall  be  allowed  an  appeal  from  such  decision  to 
the  intermediate  court  of  said  Kanawha  county  upon  the  execution  of 
an  appeal  bond,  with  surety  deemed  sufficient  by  the  said  police  judge 
in  a  penalty  double  the  amount  of  the  fine  and  costs  imposed  by  him, 
conditioned  that  the  person  proposing  to  appeal  will  appear  before 
the  intermediate  court  of  Kanawha  county  on  the  first  day  of  the 
next  term  thereof  to  answer  for  the  offense  wherewith  he  is  chargd 
and  not  depart  thence  without  leave  of  the  court  and  satisfy  all  costs 
and  fines  imposed* against  him;  and  in  no  case  shall  judgment  for  a 
fine  of  less  than  ten  dollars  be  given  by  the  police  judge  if  the  de¬ 
fendant,  his  agent  or  attorney  object  thereto.  If  such  appeal  be 
taken,  the  warrant  of  arrest,  the  transcript  of  the  judgment,  the 
appeal  bond  and  other  papers  of  the  case  shall  be  forthwith  delivered 
by  the  said  police  judge  to  the  clerk  of  the  said  intermediate  court 
and  the  court  shall  proceed  to  try  the  case  as  upon  indictment  or  pre¬ 
sentment  and  render  such  judgment,  including  that  of  cost,  as  the 
law  and  the  evidence  may  require. 

The  expenses  of  maintaining  such  persons  committed  to  the  jail 
of  the  county  by  such  police  judge  shall  be  paid  by  the  city.  The 
police  judge  shall  account  for  and  pay  over  the  amount  of  all  fines 
collected  by  him  weekly  to  the  treasurer  of  the  city  and  shall  make 
monthly  reports  thereof,  and  of  all  other  matters  pertaining  to  his 
office  to  the  council  of  said  city. 


36 


Sec.  45.  The  police  judge  shall  be  an  attorney  at  law  and  shall 
have  attained  the  age  of  thirty  years  at  the  date  of  the  beginning  of 
his  term  of  service  and  shall  have  been  a  resident  of  this  state  for 
the  period  of  five  years  and  of  the  city  of  Charleston  previous  to  the 
beginning  of  his  term  of  service  for  the  period  of  one  year.  He  shall 
not  appear  as  counsel  in  any  criminal  case  in  any  court  during  his 
term  of  service.  In  the  absence  or  inability  of  the  police  judge  to 
perform  his  duties,  the  city  clerk  shall  act  as  police  judge  in  his  stead, 
and  in  the  event  that  neither  the  police  judge  nor  the  city  clerk  can 
for  any  cause  perform  such,  duties,  then  the  mayor  shall  act  as  police 
judge. 

Sec.  46.  In  all  cases  of  arrest  by  the  police  of  the  city,  except  in 
cases  for  a  felony,  the  person  arrested  shall  have  the  absolute  right 
to  give  a  reasonable  and  proper  bond  for  his  appearance  at  police 
court  for  a  trial  of  his  case,  and  the  police -judge,  city  clerk?  mayor, 
chief  of  police  and  the  desk  sergeant  or  person  in  charge  of  police 
headquarters  shall  have  the  power,  and  it  shall  be  their  duty,  to  accept 
such  bond  from  such  person  so  arrested,  and  upon  the  giving  of  such 
bond  he  shall  be  released,  and  it  shall  be  their  further  duty  to  permit 
such  person  arrested  to  communicate  in  any  reasonable  way  with  any 
person  or  persons  with  whom  he  may  desire  to  have  communication 
in  reference  to  his  giving  bail  in  order  to  obtain  his  release,  and  each 
of  said  officers  and  all  policemen  shall  render  reasonable  aid  in  as¬ 
sisting  such  person  arrested  to  communicate  with  any  person  that  he 
may  desire  for  the  purpose  of  securing  such  bail. 

4 

Nuisances. 

Sec.  47.  The  manager  of  said  city  shall  have  authority  to  abate 
and  remove  all  nuisances  in  said  city.  He  may  compel  the  owners, 
agents,  assignees,  occupants  or  tenants  of  any  lot,  premises,  property, 
building  or  structure,  upon  or  in  which  any  nuisance  may  be,  to  abate 
and  remove  the  same  by  orders  therefor,  and  the  council  shall  by 
ordinance  provide  a  penalty  for  the  violation  of  such  orders.  Council 
may  by  ordinance  regulate  the  location,  construction,  repair,  use, 
emptying  and  cleaning  of  all  water  closets,  privies,  cesspools,  sinks, 
plumbing  drains,  yards,  lots,  areaways,  pens,  stables  and  other  places, 
where  offensive,  unsightly,  unwholesome,  objectionable  or  dangerous 
substances  or  liquids  are,  or  may  accumulate,  and  provide  suitable  pen¬ 
alties  for  the  violation  of  such  regulations,  which  may  be  enforced 
against  the  owner,  agents,  assignee,  occupant  or  tenant  of  any  prem- 


37 


ises,  or  structure  where  such  violation  may  occur.  It  shall  be  the  duty 
of  all  police  officers  to  report  to  the  manager  the  facts  as  to.  the 
existence  of  any  nuisance  known  to  them. 

If  the  owner,  agent,  tenant,  assignee  or  occupant  of  any  such  prem¬ 
ises,  lot,  property,  building  or  structure,  as  is  mentioned  herein,  shall 
fail  or  refuse  to  abate  or  remove  any  such  nuisance,  as  mentioned 
herein,  or  to  comply  with  the  provisions  of  any  such  ordinance  and  the 
regulations  herein  contained,  the  manager  may  have  said  nuisance 
abated  or  the  provisions  of  said  ordinance  or  ordinances  carried  out, 
after  reasonable  notice  to  said  owner,  occupant,  tenant,  agent  or  as¬ 
signee  of  his  intention  so  to  do,  and  collect  the  expenses  thereof,  with 
one  per  centum  per  month  interest  added  from  the  date  of  said  notice, 
from  the  said  owner,  occupant,  tenant,  agent  or  assignee,  by  distress 
or  sale,  in  the  same  manner  in  which  taxes  levied  upon  real  estate! 
for  the  benefit  of  said  city  are  herein  authorized  to  be  collected,  and 
the  expense  shall  remain  a  lien  upon  said  lot,  or  part  of  lot,  the  same 
as  taxes  levied  upon  real  estate  in  said  city ;  which  lien  may  be  enforced 
by  a  suit  in  equity  before  any  court  having  jurisdiction,  as  other  liens 
against  real  estate  are  enforced.  In  case  of  non-resident  owners  of  real 
estate  such  notice  may  be  served  upon  any  tenant,  occupant,  assignee 
or  rental  agent,  or  by  publication  thereof  once  a  week  for  not  less  than 
two  consecutive  weeks  in  two  newspapers  of  opposite  politics,  published 
in  said  city. 

And  in  all  cases  where  any  tenant,  occupant  or  agent  is  required  to 
abate  and  remove  any  nuisance  under  the  provisions  of  this  section, 
or  comply  with  the  provisions  of  any  such  ordinance  as  is  mentioned 
herein,  the  expense  thereof  may  be  deducted  out  of  the  accruing  or 
accrued  rent  of  said  property  or  amount  due  said  owner  from  said 
agent,  and  such  tenant,  occupant  or  agent  may  recover  the  amount  so 
paid  from  the  owner,  unless  otherwise  especially  agreed  upon. 

x4ny  expense  incurred  by  the  manager  as  herein  provided,  in  the 
manner  aforesaid,  may  be  collected  in  the  manner  herein  provided, 
notwithstanding  the  imposition  of  any  other  penalty  or  penalties  upon 
any  of  the  persons  named  herein,  under  any  of  the  provisions  of  this 
act.  The  abatement  or  removal  of  any  such  nuisance  by  the  city  at 
the  expense  of  said  city,  as  herein  provided,  shall  be  prima  facie  proof 
that  the  said  notice  to  the  owner,  occupant,  agent  or  assignee  was 
given  as  herein  prescribed. 

Sec.  48.  The  manager  may  require  all  owners,  tenants  or  occupants 
of  improved  property  which  may  be  located  upon  or  near  any  street  or 
alley  along  which  may  be  extended  any  sewer  or  system  of  sewerage, 


38 


which  the  said  city  may  construct,  own  or  control,  to  connect  with 
such*  sewer,  or  system  of  sewerage,  all  privies,  ponds,  water  closets, 
cesspools,  drains  or  sinks,  located  upon  their  respective  properties  or 
premises,  so  that  their  contents  may  be  made  to  empty  into  such  sewer 
or  system  of  sewerage. 

Sidewalks. 

Sec.  49.  The  council  shall  have  the  right  and  authority  to  estab¬ 
lish  the  width  of  any  sidewalk  on  any  street,  alley  or  public  square,  or 
any  portion  thereof  in  said  city,  to  cause  to  be  put  down  a  suitable 
curb  of  brick,  stone  or  other  material  along  for  the  footways  and  side¬ 
walks  of  the  streets,  alleys  or  public  squares  or  portion  thereof,  and 
to  order  the  construction,  re-laying  and  repair  of  sidewalks  and  gutters 
of  such  material  and  width,  and  in  such  manner,  as  the  council  may 
reasonably  prescribe  by  the  owners  or  occupiers  of  the  lots  or  parts  of 
lots  facing  upon  said  streets,  alleys  and  public  squares ;  and  in  case  of 
a  failure  or  refusal  of  any  such  owner  or  occupiers  of  the  lots  or  parts 
of  lots  to  construct,  re-lay  or  repair  such  sidewalks  and  gutters,  when 
required,  it  shall  be  lawful  for  the  council  to  have  such  sidewalks  and 
gutters  constructed,  re-laid  or  repaired,  and  levy  and  collect  the  ex¬ 
pense  thereof,  with  one  per  centum  per  month  interest  added  after  a 
demand  of  thirty  days  has  been  made  by  the  treasurer  of  the  city  from 
•  the  said  owner,  owners,  occupier,  occupiers  or  any  of  them;  and  in  all 
cases  of  such  assessment,  whether  for  the  construction,  re-laying  or 
repairing  of  sidewalks  or  gutters,  payment  thereof  shall  be  made  to 
the  treasurer  within  thirty  days  after  the  completion  of  the  work  and 
demand  made,  and  if  not  so  paid  the  city  is  hereby  authorized  to  col¬ 
lect  or  cause  to  be  collected  the  expense  thereof,  with  one  per  centum 
per  month  interest  added  after  the  work  has  been  completed  and  a 
demand  of  thirty  days,  and  they  shall  have  the  power  to  collect,  or 
cause  to  be  collected,  the  same  from  said  owner,  owners,  occupier  or 
occupiers  or  any  of  them,  by  distress  and  sale,  in  same  manner  in 
which  taxes  levied  upon  real  estate  for  the  benefit  of  the  said  city  are 
herein  authorized  to  be  collected,  and  in  addition  there  shall  be  a  lien 
upon  the  real  estate  against  which  such  assessment  has  been  levied 
for  the  construction,  re-laying  and  repairing  of  sidewalks  and  gutters 
as  herein  provided,  which  lien  may  be  enforced  by  a  suit  in  equity  be¬ 
fore  any  court  having  jurisdiction,  as  other  liens  against  real  estate 
are  enforced,  and  it  shall  be  the  duty  of  the  city  clerk  to  cause  to  be 
certified  to  the  clerk  of  the  county  court  of  Kanawha  county  the  order 


39 


laying  an  assessment  authorized  by  this  section.  The  clerk  of  the 
county  court  of  Kanawha  county  is  hereby  required  to  record  and 
index  such  assessments  in  the  proper  trust  deed  book  in  the  name  of 
persons  against  whose  property  assessments  appear  therein;  provided , 
however,  that  a  reasonable  notice  shall  first  be  given  to  said  owner  or 
occupier  or  their  agent,  that  they  are  required  to  construct,  re-lay  or 
repair  such  sidewalks  or  gutters.  In  case  of  non-residents  who  have 
no  known  agent  in  said  city,  such  notice  may  be  given  by  publication 
for  a  period  not  less  than  once  a  week  for  two  consecutive  weeks  in 
any  newspaper  printed  in  said  city ;  and  in  all  cases  where  a  tenant 
shall  be  required  to  construct,  re-lay  or  repair  sidewalks  or  gutters  in 
front  of  the  property  of  his  or  her  occupancy,  the  expense  of  such 
construction  of  re-laying  or  repairing  may  be  deducted  out  of  the 
accruing  rent  of  said  property,  and  he  may  recover  the  amount  so 
paid  from  the  owner,  unless  otherwise  especially  agreed  upon.  The 
laying  or  construction  of  any  such  sidewalks  by  said  city  shall  be 
prima  facie  proof  that  the  said  notice  to  the  owner  (resident  or  non¬ 
resident)  or  occupier,  or  their  agent,  was  given  as  herein  required. 

Taxes. 

Sec.  50.  The  council  shall  ascertain  the  total  expense  of  the  city 
to  be  provided  for  by  levy  for  the  fiscal  year  in  which  said  levy  is 
made,  and  it  shall  make  a  detailed  itemized  estimate  of  the  sum  of 
money  necessary  to  pay  interest  accruing  on  the  bonded  indebtedness 
of  said  city,  the  amount  required  for  the  several  sinking  funds  for 
the  reduction  of  the  principal  thereof,  the  amounts  necessary  for  the 
support  of  the  various  departments  of  the  city  and  for  the  improve¬ 
ments  of  its  streets,  alleys,  avenues  and  public  grounds,  real  and 
personal  property,  contingent  expenses  and  other  expenses,  together 
with  an  itemized  statement  of  the  estimated  receipts  other  than  that 
to  be  derived  by  the  annual  levy,  and  after  receiving  such  estimates, 
and  before  making  the  levy,  it  shall  apportion  the  rate  thereof,  in¬ 
cluding  the  estimated  receipts  from  licenses  and  all  other  sources 
among  the  several  funds  so  ascertained  and  provided  for,  which  ap¬ 
portionment  shall  be  spread  upon  the  records  of  this  city,  and  in 
making  said  estimate,  providing  for  the  revenue  for  the  fiscal  years, 
etc.,  it  shall  be  the  duty  of  the  council  to  strictly  observe  all  the  pro¬ 
visions  of  chapter  nine  of  the  acts  of  the  legislature,  one  thousand 
nine  hundred  and  eight,  entitled  “An  act  to  regulate  the  rate  and 
manner  of  laying  levies  for  taxation  in  counties,  magisterial  and 
school  and  independent  school  districts,  and  municipal  corporations, 


40 


and  to  provide  penalties  for  the  illegal  expenditure  of  public  moneys, 
incurring  of  illegal  obligations  and  the  laying  of  illegal  levies  by  any 
tax  levying  body,  and  for  the  distribution  of  a  portion  of  the  school 
fund,”  and  all  amendments  thereto,  except  where  said  last  named 
act  shall  be  inconsistent  with  this  act  as  to  limit  of  taxation. 

Sec.  51.  The  council  shall  have  authority  to  levy  and  collect 
an  annual  tax  on  real  estate  and  personal  property  in  said  city , 
and  to  impose  a  license  and  assess  a  tax  thereon  on  wheeled  ve¬ 
hicles  for  public  hire  and  for  all  dogs  kept  within  said  city ,  and 
to  impose  a  tax  upon  all  other  subjects  of  taxation  under  th& 
several  laws  of  the  state,  which  shall  be  uniform  with  respect  to 
persons  and  property  within  the  jurisdiction  of  said  city,  and 
shall  only  be  levied  on  such  property,  real,  personal  and  mixed, 
on  which  the  state  imposes  a  tax;  provided,  that  no  greater  levy 

shall  be  laid  by  said  council  on  the  taxable  property  of  said  city 
than  fifty  cents  upon  each  hundred  dollars  of  the  assessed  valu¬ 
ation  of  the  property  of  the  municipality ;  and,  provided,  further, 

that  the  council  shall  in  making  such  levy,  be  subject  to  all  the 
provisions  of  chapter  nine  of  the  acts  of  the  legislature  of  one 
thousand  nine  hundred  and  eight  and  any  and  all  amendments 
thereto,  except  as  herein  provided.  There  shall  be  a  tax  of  two 
dollars  annually  assessed  on  each  and  every  male  inhabitant  of 
said  city  over  the  age  of  twenty-one  years  who  is  subject  to  a  cap¬ 
itation  tax  under  the  laws  of  the  state  of  West  Virginia.  The 
same  shall  be  set  out  and  included  in  the  personal  property  book 
against  every  such  inhabitant,  and  shall  be  collected  under  the 
authority  of  the  city  at  the  time  of  collecting  other  levies  and 
taxes. 

Sec.  52.  The  city  taxes  annually  levied  by  the  council  shall  be 
collected  as  follows:  Immediately  after  the  annual  levy  for  city 
taxes  is  laid  the  council  shall  direct  the  proper  officer  of  the  city  to 
extend  the  same  on  the  property  books  made  out  by  him,  including 
therein  the  proper  capitation  tax ;  he  shall  make  out  therefrom  proper 
tax  tickets  in  the  following  manner:  That  is  to  say,  instead  of  a 
single  ticket  for  the  whole  amount  charged  to  any  person,  firm  or 
corporation  there  shall  be  two  tickets,  each  for  one-half  of  said 
amount;  these  half  tickets  shall  be  severally  numbered  or  designated 
“first”  and  “second”  and  the  same,  after  being  examined  and  com¬ 
pared  by  the  council  and  found  to  be  correct,  shall  be  turned  over  to 
the  treasurer  of  the  city  on  the  first  day  of  October  following  the 
levy  and  the  treasurer’s  receipt  for  the  gross  amount  thereof  shall  be 


41 


returned,  entered  upon  its  record  and  the  treasurer  charged  therewith. 
The  treasurer  shall  give  notice  by  publication  for  twenty  days  in  two 
newspapers  of  opposite  politics  published  in  said  city,  that  said  tax 
tickets  are  in  his  hands  for  collection,  stating  the  penalty  for  non¬ 
payment  thereof  and  the  time  and  place  when  the  same  may  be  paid; 
provided,  however,  that  the  tax  payers  shall  have  the  right  to  anticipate 
the  payment  of  the  whole  or  any  part  of  the  taxes  assessed  against 
them. 

The  one-half  ticket  designated  “first”  may  be  paid  to  the  treasurer 
of  the  city  any  time  before  the  first  day  of  November  next  succeed¬ 
ing  said  levy;  the  one-half  ticket  designated  “second”  may  be  paid 
to  the  treasurer  of  the  city  at  any  time  before  the  first  day  of  May 
next  succeeding  said  levy.  To  all  the  half  tickets  designated  “first” 
remaining  unpaid  in  the  treasurer’s  hands  on  the  said  first  day  of 
November  succeeding  said  levy,  a  penalty  of  ten  per  cent  shall  be 
added  and  collected  from  the  taxpayers.  To  all  half  tickets  designated 
“second”  remaining  unpaid  in  the  treasurer’s  hands  on  the  first  day  of 
May  succeeding  said  levy  a  penalty  of  ten  per  cent  shall  be  added  and 
shall  be  collectible  from  the  taxpayers.  On  said  first  day  of  November 
succeeding  said  levy,  all  such  half  tickets  designated  “first,”  and  on 
said  first  day  of  May  succeeding  said  levy  all  such  half  tickets  desig¬ 
nated  “second”  remaining  unpaid  in  the  treasurer’s  hands  shall  be  * 
taken  up  by  the  council  and  settlement  had  with  said  treasurer  on  said 
days,  respectively,  or  on  the  next  succeeding  days,  respectively,  if  said 
days  shall  fall  upon  Sunday,  and  thereupon  the  council  shall  place  said 
tickets  in  the  hands  of  the  city  collector  for  collection  and  shall  take 
his  receipt  therefor ;  provided,  however,  that  the  council  shall  have  the 
power  any  year,  by  resolution,  to  extend  the  time  within  which  the 
tickets  may  remain  in  the  treasurer’s  hands  and  be  paid  to  him  without 
adding  the  penalty,  for  a  period  named  therein  not  exceeding,  however, 
a  total  of  fifteen  days. 

The  city  collector  shall  have  the  power  to  collect  said  tickets  so 
placed  in  his  hands,  together  with  the  penalties  thereon  hereinafter 
provided  to  be  added  thereto,  and  the  compensation  of  such  city  col¬ 
lector  for  making  such  collection  of  the  taxes  aforesaid  shall  be  fixed 
by  the  council. 

The  city  collector  shall  be  charged  with  the  gross  amount  of  said 
tax  tickets  so  delivered  to  him  for  collection,  including  the  penalties 
accrued  thereon  so  delivered,  and  no  deduction  therefrom  shall  be 
allowed,  unless  on  or  before  the  first  day  of  August  of  each  yeap  he 
makes  out  and  returns  to  the  council  a  delinquent  list  of  taxes  un- 


42 


collected  for  such  year,  with  his  oath  attached  thereto,  stating  that 
such  list  is  correct  and  just  and  that  he  has  received  no  part  of  the 
taxes  mentioned  therein,  and  that  he  has  used  due  diligence  to  find 
property  liable  to  distress  for  taxes  has  found  none,  and  that  he 
could  not  collect  the  same. 

Neither  the  treasurer  nor  the  city  collector  shall  take  or  collect 
anything  but  money  for  payment  of  taxes. 

Sec.  53.  The  city  collector  shall  have  the  power  to  collect  the 
city  taxes  except  as  otherwise  provided  in  this  act,  and  he  shall  also 
have  power  to  collect  the  city  claims  which  may  be  placed  in  his 
hands  by  the  council  for  collection,  except  that  fines  imposed  by  the 
police  judge  shall  not  be  collected  by  him. 

Sec.  54.  All  goods  and  chattels  belonging  to  a  person,  firm,  cor¬ 
poration  or  estate,  assessed  with  any  city  taxes,  whether  the  same 
he  a  capitation  tax  or  a  tax  upon  real  estate  or  personal  property  or 
an  assessment  for  paving  or  other  improvements,  shall  be  liable  for 
said  tax,  and  may  be  distrained  therefor  in  whosoever^s  possession  they 
may  be  found,  and  the  city  collector  shall  have  the  same  power  to 
collect  said  tax  or  assessment  from  any  person  owing  a  debt  to  or 
having  in  his  possession  any  estate  belonging  to  a  person  assessed 
with  any  tax  or  assessment  of  any  kind  that  the  sheriff  has  to 
collect  state  taxes  in  such  cases.  The  city  collector  may  distrain  and 
sell  for  all  city  taxes  and  assessments  and  in  all  respect  have  the 
same  power  to  enforce  the  collection  thereof  as  the  sheriff  has  to  en¬ 
force  the  collection  of  state  taxes. 

Sec.  55.  There  shall  be  a  lien  upon  all  real  estate  within  said 
city  for  the  city  taxes  assessed  thereon,  including  such  penalties 
added  thereto  for  non-payment  thereof  as  are  prescribed  by  this  act, 
from  the  first  day  of  April  of  the  year  in  which  said  taxes  are  as¬ 
sessed.  Said  liens  may  be  enforced  by  appropriate  suit  in  any  court 
of  record  in  Kanawha  county ;  provided,  such  suit  be  instituted  within 
five  years  from  the  time  the  said  liens  attached  as  herein  provided, 
and  such  suit  may  either  be  instituted  by  and  in  the  name  of  the 
city  of  Charleston  as  plaintiff,  or  said  city  may  intervene  by  petition 
any  suit  pending  to  sell  or  enforce  liens  againsf  any  real  estate  which 
is  subject  to  such  lien  for  said  taxes.  The  liens  herein  created  shall 
have  priority  over  all  other  liens  except  those  for  taxes  due  the  state. 

Sec.  56.  Said  liens  for  city  taxes  and  attendant  penalties  may  also 
be  enforced  by  certifying  the  same  to  the  clerk  of  the  county 
court  of  Kanawha  county  for  certification  to  the  state  auditor,  and 
the  same  may  be  certified  down  by  said  auditor,  and  sold  for  taxes 


43 


interest,  penalties  and  commissions  thereon,  in  the  same  manner, 
at  the  same  time,  and  by  the  same  officer  as  real  estate  is  sold  for 
taxes,  interest,  damages,  cost  and  commissions  due  the  state  thereon, 
which  officer  shall  account  therefor  on  settlement  with  the  citv  and 
pay  over  the  same  to  the  treasurer  of  the  city. 

Sec.  57.  No  taxes  or  levies  shall  be  assessed  upon  or  collected 
from  the  taxable  persons  or  property  within  the  corporate  limits  of 
said  city,  for  the  construction,  improvement  or  keeping  in  repair  of 
road,  or  the  building,  leasing  or  repairing  of  school  houses,  or  the 
purchase  of  lands  for  the  same,  or  for  the  support  of  schools,  or  for 
the  support  of  the  poor  of  Kanawha  county,  outside  of  said  corporate 
limits,  for  any  year  in  which  it  shall  appear  that  said  city  shall  at  its 
own  expense  provide  for  its  own  poor  and  keep  its  own  roads,  streets 
and  bridges  in  good  order.  And  neither  the  county  court  of  Kanawha 
county,  nor  the  authorities  of  the  district  in  which  said  city  is  sit¬ 
uated,  shall  have  or  exercise  jurisdiction  within  the  corporate  limits 
with  relation  to  the  roads,  streets,  alleys,  bridges,  wharves,  docks, 
ferries,  schools  or  school  houses,  but  the  same  shall  be  and  remain 
under  the  exclusive  jurisdiction  and  control  of  the  municipal  author¬ 
ities  of  said  city,  except  that  the  board  of  education  in  the  independ¬ 
ent  school  district  of  the  city  of  Charleston  shall  have  jurisdiction, 
supervision  and  control  of  the  schools  and  school  houses  in  said  dis¬ 
trict;  and  said  city  shall  be  liable  only  for  the  construction,  improve¬ 
ment,  repair  and  good  order  of  the  roads,  streets,  alleys,  wharves  and 
bridges  in  its  corporate  limits,  except  that  the  county  of  Kanawha 
may  become  the  joint  owner  and  controller  with  the  city  of  Charleston 
in  a  bridge  or  bridges  across  Kanawha  river. 

Depositing  City  Funds. 

Sec.  58.  It  shall  be  the  duty  of  the  treasurer  of  the  city  to  keep 
all  funds  of  the  city  in  some  bank  or  banks  within  said  city,  which 
shall  pay  interest  on  such  deposits  and  which  shall  pay  interest  on 
the  average  daily  balance  of  such  funds  in  all  accounts  of  the  per 
cent  equal  to  that  paid  by  state  depositories  on  all  funds  of  the  state 
of  West  Virginia  and  in  the  same  manner  and  at  the  same  time. 
If  no  bank  within  the  city  is  willing  at  any  time  to  receive  deposits 
of  the  treasurer  and  to  pay  such  interest  thereon,  the  treasurer  shall 
report  this  fact  to  the  council,  who  shall  thereupon  designate  a  bank 
or  banks  in  which  he  shall  deposit  said  funds  for  the  time  being  and 
until  some  bank  in  said  city  will  receive  such  reposits  on  such  terms. 
Before  receiving  any  such  deposits  such  bank  or  banks  shall  give 


44 


bond  in  such  penalty  as  the  council  shall  prescribe,  and  with  sureties 
to  be  approved  by  said  council,  conditioned  for  the  prompt  payment, 
whenever  lawfully  required,  of  all  the  city  moneys  or  parts  thereof 
which  may  be  deposited  with  them,  which  bond  shall  be  renewed  at 
such  times  as  the  council  may  require. 

Buying  and  Building  Bridges,  Water  Works  and  Other  Public  Util¬ 
ities,  Paving  Streets,  Constructing  Sewers,  Etc. 

Sec.  59.  The  city  of  Charleston  is  hereby  authorized  to  issue  and 
sell  bonds  of  said  city,  for  the  purpose  of  buying  and  building  bridges, 
electric  light  plants,  water  works,  gas  lines  and  fields,  and  other  pub¬ 
lic  utilities;  and  such  bonds  shall  be  sold  for  not  less  than  par,  and 
payable  in  a  period  not  to  exceed  thirty-four  years,  and  shall  bear 
interest,  not  to  exceed  six  per  centum  per  annum ;  and  in  the  issuance 
and  sale  of  said  bonds  the  city  shall  be  governed  by  all  the  restric¬ 
tions  of  the  constitutions  of  this  state  and  the  statutes  of  this  state, 
with  respect  to  the  issuance  and  sale  of  other  bonds,  provided,  that 
said  city  shall  not,  by  the  sale  or  issue  of  bonds  for  the  purposes 
above  mentioned,  cause  the  aggregate  of  its  indebtedness,  of  every 
kind  whatever,  to  exceed  five  per  centum  of  the  value  of  the  taxable 
property  therein,  but  may  for  the  above  purposes  issue  bonds  to  the 
maximum  limit  of  said  five  per  cent;  nor  shall  said  city  make  such 
issue  and  sale  of  bonds  without,  at  the  same  time,  providing  for  the 
collection  of  a  direct  annual  tax  sufficient  to  pay  annually  the  interest 
on  the  same,  and  a  sinking  fund  to  pay  the  principal  within  the  time 
for  which  said  bonds  shall  be  issued. 

Sec.  60.  The  city  of  Charleston  is  hereby  authorized  to  issue  and 
sell  the  bonds  of  the  said  city  for  the  purpose  of  providing  for  grading, 
paving  and  otherwise  improving  the  streets  and  alleys  of  said  city  or 
constructing  sewers  for  the  proper  draining  of  same  in  anticipation 
of  special  assessments  to  be  made  upon  the  property  abutting  upon 
the  streets  and  alleys  so  improved,  or  property  so  sewered  or  drained, 
and  such  bonds  may  be  in  such  an  amount  as  shall  be  sufficient  to 
pay  the  entire  estimated  cost  and  expense  of  said  improvements,  for 
which  such  special  assessments  are  levied;  provided,  that  the  price 
for  which  said  bonds  are  sold  shall  not  be  below  par  value  thereof; 
said  bonds  may  be  payable  in  groups  of  one-fifth  of  the  whole  issue 
payable  in  two,  four,  six,  eight  and  ten  years  respectively,  and  all 
payable  in  not  to  exceed  ten  years  from  the  date  of  issue  thereof,  and 
shall  bear  interest  at  a  rate  not  exceeding  six  per  centum  per  annum, 
payable  annually;  and  in  the  issuance  and  sale  of  said  bonds,  the 


45 


city  shall  be  governed  by  all  the  restrictions  and  limitations  of  the 
constitution  of  this  state  and  the  restrictions  and  limitations  of  the 
statutes  of  this  state  with  respect  to  the  issuance  and  sale  of  other 
bonds,  and  the  assessments  as  paid  and  provided  for  in  this  act 
shall  be  applied  to  the  liquidation  of  said  bonds  and  the  interest 
thereon;  and  if  by  reason  of  the  penalties  collected  with  the  delin¬ 
quent  assessments,  there  be  any  balance  after  the  payment  of  said 
bonds  and  all  accrued  interest  and  costs,  the  said  balance  shall  be 
turned  into  the  city  treasury  to  the  credit  of  the  interest  and  sinking 
fund  of  the  citv. 

Provided ,  that  said  city  shall  not  by  the  sale  or  issue  of  such  bonds 
cause  the  aggregate  of  its  debt  of  every  kind  whatsoever  to  exceed 
five  per  centum  of  the  value  of  the  taxable  property  therein;  and, 
provided ,  further ,  that  nothing  herein  contained  shall  be  construed 
as  authorizing  said  city  to  become  indebted  in  any  other  manner  or 
for  any  other  purpose,  to  an  amount  including  the  existing  indebted¬ 
ness  in  the  aggregate  exceeding  two  and  one-half  per  centum  on  the 
value  of  the  taxable  property  therein  (as  provided  in  chapter  fifty-- 
one  of  the  acts  of  1905)  except  for  the  purpose  of  grading,  paving, 
sewering  and  otherwise  improving  the  streets  and  alleys  of  said  city 
and  as  provided  for  in  this  act,  and  except  for  the  purpose  of  buying 
or  building  bridges,  electric  light  plants,  water  works,  gas  lines  and 
fields  and  other  public  utilities;  nor  shall  they  make  such  issue  and 
sale  of  bonds  for  grading,  paving,  sewering  and  improving  the  streets 
and  alleys  of  said  city  without,  at  the  same  time,  providing  for  the 
collection  of  a  direct  annual  tax  sufficient  to  pay  annually  the  in¬ 
terest  on  such  debt  and  principal  thereof  within  a  period  not  exceed¬ 
ing  ten  years. 

All  assessments,  interest  and  penalties  thereon,  collected  from  the 
abutting  property  owners,  on  account  of  grading,  paving,  sewering 
or  otherwise  improving  the  streets  and  alleys  of  such  city  under 
the  provisions  of  this  act,  shall  annually  be  applied  to  the  annual 
tax  required  to  pay  the  interest  on  such  debt  and  such  principal 
within  and  not  exceeding  said  period  of  ten  years  and  in  the  event 
that  the  assessments,  interest  and  penalties  so  collected  do  not  amount 
to  a  sum  sufficient  to  pay  annually  the  interest  on  such  debt,  said  city 
shall  collect  so  much  of  said  levy  as  will  pay  annually  the  interest  on 
such  debt,  and  the  principal  thereof  within  and  not  exceeding  ten 
years. 

Sec.  61.  Whenever  the  council  of  said  city  shall  deem  it  expedient 
to  cause  any  street  or  alley  in  said  city  or  portion  thereof  to  be  paved. 


46 


curbed  or  macadamized,  or  otherwise  improved  in  a  permanent  man¬ 
ner,  it  shall  order  the  work  done  in  the  following  manner  and  upon 
the  following  terms :  The  contract  for  such  paving  or  other  im¬ 
provements  shall,  after  due  advertisement  in  which  the  council  shall 
reserve  the  right  to  reject  any  and  all  bids,  be  let  to  the  lowest  re¬ 
sponsible  bidder.  The  contractor  shall  look  only  to  the  city  for  the 
payment  of  the  work,  and  in  no  sense  to  the  abutting  land  owners, 
except  as  hereinafter  provided.  The  total  cost  of  grading  and  paving 
or  otherwise  improving  any  such  street  or  alley  (with  the  exception 
that  where  a  street  is  occupied  by  the  street  car  tracks  or  other  rail¬ 
ways,  such  cost  of  opening  or  otherwise  improving  the  distance  be¬ 
tween  the  rails  and  two  additional  feet  outside  of  each  rail,  shall  be 
borne  and  paid  entirely  by  the  street  car  or  other  railway  company 
operating  such  street  or  other  railway,  unless  otherwise  provided  by 
the  franchise  of  such  street  car  or  other  railway  company  granted 
previous  to  the  passage  of  this  act),  shall  be  borne  by  the  owners  of 
the  land  abutting  upon  said  street,  alley  or  portion  thereof,  accord¬ 
ing  to  the  following  plan,  that  is  to  say:  payment  is  to  be  made  by 
all  land  owners  on  either  side  of  such  portion  of  a  street  or  block  so 
paved  or  improved  in  such  portion  of  the  total  cost,  less  the  portion, 
if  any,  chargeable  to  such  street  or  other  railway  company,  as  the 
frontage  in  feet  of  his  land  so  abutting  bears  to  the  total  frontage 
of  all  lands  so  abutting  on  such  street,  alley  or  portion  thereof  so 
paved  or  improved  as  aforesaid.  The  cost  of  such  paving  or  im¬ 
provement  chargeable  to  the  abutting  owners  is  not  to  include  any 
portion  of  the  amount  paid  for  paving  of  squares  at  intersection  of 
streets  or  for  curbing  which  shall  in  all  cases  be  borne  and  paid  by 
the  city. 

When  the  paving  of  any  street,  or  alley,  or  portion  thereof  shall 
have  been  let  to  contract  and  the  work  done  as  hereinbefore  pro¬ 
vided,  it  shall  be  the  duty  of  the  engineer  of  said  city  to  cause  the 
several  frontages  abutting  thereon  to  be  measured,  and  to  calculate 
the  assessment  upon  each  and  every  land  owner  so  abutting  and  to 
certify  the  same  to  the  council,  showing  the  proper  amount  to  be  de¬ 
termined,  as  provided  in  the  foregoing  plan.  It  shall  be  the  duty  of 
the  council  to  examine  and  compare  such  assessment,  amounts  and 
names  so  certified  to  it,  and  thereupon  give  notice  by  publication 
once  a  week  for  two  successive  weeks  in  two  newspapers  of  opposite 
politics  published  in  said  city,  that  an  assessment  under  this  act  is 
about  to  be  laid  against  the  abutting  property  for  paving  or  im¬ 
provements  done  on  said  streets  or  alleys,  describing  the  location  of 


47 


such  paving  or  improvements,  and  any  owner  or  owners  thereof  shall 
have  the  right  to  appear  before  said  council,  wdthin  two  weeks  from 
the  first  publication  thereof,  and  move  to  correct  an  apportionment 
or  assessment  excessive  or  improperly  made  as  charged,  which  cor¬ 
rection  said  council  shall  have  the  power  to  make  according  to  the 
intent  of  this  act,  and  if  found  to  be  correct  or  when  corrected  by 
the  council  as  aforesaid,  it  shall  enter  the  same,  together  with  a  de¬ 
scription  of  the  lots  of  land  as  to  location,  frontage,  depth  and  own¬ 
ership,  so  far  as  the  same  may  be  ascertained,  upon  its  records  and 
to  enter  in  its  records  that  such  owners  and  lots  be  assessed  and 
chargeable  with  the  amount  so  ascertained  to  be  borne  by  them  re¬ 
spectively  ;  and  when  so  approved,  certified  and  entered  on  record, 
the  same  shall  be  and  constitute  an  assessment  against  said  owners 
and  lots  for  such  respective  amounts.  And  it  shall  be  the  duty  of 
the  council  to  immediately  certify  such  assessment  to  the  treasurer 
for  collection  as  herein  provided,  and  a  copy  of  said  order  shall  be 
certified  by  the  city  clerk  to  the  clerk  of  the  county  court  of  Kanawha 
county,  who  shall  record  and  index  the  same  in  the  proper  trust 
deed  book  in  the  name  of  each  person  against  whose  property  assess¬ 
ments  appear  therein.  The  amount  so  assessed  against  said  abutting 
land  owners  shall  be  paid  in  ten  payments,  as  follows :  That  is  to 
say,  one-tenth  of  said  amount,  together  with  interest  on  the  whole 
assessment,  shall  be  paid  into  the  city  treasury,  before  the  first  day 
of  May  next  after  said  work  is  completed  and  said  assessments  have 
been  certified  to  the  county  clerk.  And  a  like  one-tenth,  together 
with  interest  for  one  year  upon  the  whole  amount  remaining  unpaid 
on  or  before  the  first  day  of  May  in  each  succeeding  year  thereafter 
until  all  has  been  paid,  and  each  of  said  installments  of  one-tenth 
beginning  with  the  first,  shall  bear  interest  on  the  amount  of  said 
installment  at  six  per  centum  per  annum  from  the  date  of  record 
of  same  in  the  county  court  clerk’s  office  until  paid;  provided how-  „ 
ever ,  that  any  abutting  owner  so  liable  for  any  portion  of  the  cost 
of  such  paving  shall  have  the  right  at  any  time  after  the  same  is 
certified  as  aforesaid  to  the  treasurer  for  collection  to  anticipate  the 
payment  of  any  or  all  of  said  assessments  and  shall  be  allowed  to 
pay  the  face  of  said  assessments  with  interest  at  six  per  cent  per 
annum  only  from  the  time  of  recordation  to  the  time  of  payment. 

To  each  of  such  installments  of  assessments  remaining  unpaid  in 
the  treasurer’s  hands  on  the  day  herein  specified  for  the  payment 
thereof,  a  penalty  of  ten  per  centum  on  the  principal  sum  shall  be 
added  and  any  assessment  so  remaining  unpaid  in  the  treasurer’s 


48 


hands  on  such  date,  shall  be  taken  up  on  such  settlements  had  with 
the  treasurer  on  such  dates,  and  thereupon  place  such  assessments 
with  the  penalty  added  thereto,  in  the  hands  of  the  city  collector 
to  be  treated  and  considered,  and  payment  thereof  enforced  in  all  re¬ 
spects  as  hereinbefore  provided  for  the  collection  of  taxes  due  the 
city,  and  they  shall  be  a  lien  upon  the  property  liable  therefor  the 
same  as  for  taxes,  which  lien  may  be  enforced  in  the  same  manner 
as  provided  for  taxes.  The  lien  hereinbefore  provided  for  shall  have 
priority  over  all  other  liens  except  those  for  taxes  due  the  state  and 
shall  be  on  a  parity  with  taxes  and  assessments  due  the  city.  When¬ 
ever  all  such  assessments,  for  paving,  sewerage,  macadamizing  or 
other  improvements  shall  be  paid  in  full  to  the  treasurer,  he  shall 
deliver  to  the  party  paying  the  same  a  release  of  the  lien  therefor 
which  may  be  recorded  in  the  office  of  the  clerk  of  the  county  court 
of  Kanawha  county  as  other  releases  of  liens,  and  whenever  any  such 
assessments  shall  not  be  in  the  hands  of  the  treasurer  for  collection, 
but  the  same  shall  be  shown  to  the  satisfaction  of  the  citv  auditor  or 
other  official  performing  the  duties  of  auditor,  to  have  been  paid  in 
full  or  any  officer  entitled  to  receive  the  same,  such  auditor  or  the 
mayor  may  in  like  manner  execute  such  release. 

Sec.  62.  Whenever  the  council  shall  order  the  construction  of 
any  public  sewer  in  said  city,  the  owners  of  the  property  abutting 
upon  any -street  in  which  such  sewer  shall  be  constructed,  shall  be 
charged  with  and  liable  for  sewerage  assessments  as  follows.  When 
said  sewer  is  completed  the  engineer  of  said  city  shall  report  to  the 
council  in  writing,  the  total  cost  of  such  sewer,  and  a  description 
of  the  lots  and  lands  as  to  the  location,  frontage,  depth  and  ownership 
liable  for  such  sewer  assessment,  so  far  as  the  same  may  be  ascer¬ 
tained,  together  with  the  amount  chargeable  against  each  lot  and 
owner,  estimated  on  the  basis  of  one  dollar  per  foot  for  inside  lots, 
and  one  dollar  and  twenty-five  cents  per  foot  for  corner  lots,  frontage 
measures  on  said  sewer  being  considered;  and  not  over  forty  feet 
front  shall  be  considered  a  corner  lot,  except  that  such  estimate  as 
to  the  corner  lots  fronting  thereon  and  having  a  greater  depth  than 
one  hundred  and  fifty  feet  shall  be  estimated  at  one  dollar  and  fifty 
cents  per  foot  frontage  and  any  lot  having  a  depth  of  two  hundred 
feet  or  more  and  fronting  on  two  streets,  one  in  the  front  and  another 
in  the  rear  of  said  lot,  shall  be  assessed  on  both  of  said  streets,  if  a 
sewer  is  constructed  on  both  streets,  or  if  fronting  on  a  street  and 
running  back  two  hundred  feet  or  more  to.  an  alley  shall  be  assessed 
on  both  the  street  and  alley;  if  a  sewer  shall  be  constructed  in  both 


49 


street  and  alley;  where  a  corner  lot  has  been  assessed  on  one  end  of 
it  shall  not  be  assessed  on  the  side;  and  thereupon  said  council  shall 
give  like  notice  by  publication  as,  is  required  in  case  of  street  paving 
assessments,  and  the  same  rights  shall  exist  as  to  the  persons  and 
property  affected  and  the  same  duty  as  to  corrections  by  said  council 
as  are  prescribed  with  reference  to  paving,  which  report  shall  in 
like  manner  be  examined  by  the  council,  and  if  found  to  be  correct  or 
corrected  as  aforesaid,  and  such  estimated  assessments  to  be  a  fair 
and  equitable  apportionment  of  the  cost  of  such  sewer  upon  the 
basis  hereinbefore  described,  it  shall  enter  an  order  upon  its  records, 
setting  forth  such  location,  depth,  ownership  and  said  amount  of 
such  sewer  assessments,  against  each,  respectively,  calculated  as  afore¬ 
said,  and  the  entry  of  such  order  shall  constitute  and  be  an  assess¬ 
ment  for  such  proposition  and  amount  so  fixed  therein  against  such 
respective  owners  and  lots,  and  if  after  such  advertisement,  notice 
and  hearing,  said  council  shall  find  that  such  apportionment  at  such 
rate  is  unjust  or  inequitable,  and  contrary  to  the  interest  of  this 
act,  it  shall  ascertain,  fix  and  assess  the  cost  thereof  among  and  upon 
the  abutting  owners  respectively,  justly  and  equitably  and  according 
to  the  intent  hereof,  and  in  like  manner,  assess  and  enter  the  amount 
so  fixed  respectively  upon  its  records,  and  the  council  shall,  in  either 
event,  thereupon  certify  the  same  to  the  treasurer  for  collection,  and 

certify  a  copy  of  such  order  to  the  clerk  of  the  county  court  of  Kana- 

« 

wha  county,  who  shall  record  the  same  in  the  proper  trust  deed  book, 
and  index  the  same  in  the  name  of  each  owner  of  any  such  lot  so 
charged  with  such  assessment,  and  such  assessment  so  made  shall 
constitute  and  be  a  lien  upon  said  lots  respectively,  which  shall  have 
priority  over  all  other  liens,  except  those  for  taxes  due  the  state,  and 
shall  be  on  a  parity  with  other  taxes  and  assessments  due  the  city. 
Said  amounts  so  assessed  against  the  said  several  land  owners  shall 
be  paid  by  the  parties  liable  therefor  to  the  said  treasurer  at  all 
times,  in  the  manner  and  with  the  attendant  penalties  for  failure  to 
pay  promptly  at  the  time  prescribed  in  all  respects  as  hereinbefore 
provided  in  the  case  of  assessments  for  paving  streets  and  alleys  in 
a  permanent  manner,  and  the  parties  liable  therefor  shall,  in  the 
same  manner,  and  to  the  same  extent,  have  the  right  and  be  entitled 
to  anticipate  any  or  all  of  such  installments  thereon  as  in  such  case 
provided.  The  owners  of,  or  the  tenants,  occupants  or  agents  of  any 
lot  abutting  on  or  near  or  adjacent  to  any  street  or  alley  in  said  city, 
on  which  a  public  sewer  is  or  may  hereafter  be  laid  and  constructed, 
upon  which  lot  any  business  or  residence  building  is  or  may  hereafter 


50 


be  erected,  or  upon  which  any  water  stands  not  connected  with  a 
public  sewer,  may  be  required  and  compelled  to  connect  any  such 
building  or  lot  with  such  sewer.  Notice  to  so  connect  may  be  given 
to  the  owner,  lessee,  or  occupant  of  such  building.  Each  day’s  failure 
to  comply  with  such  notice  and  connect  with  such  sewer  by  such 
owner  or  owners,  ten  days  after  such  notice  is  given,  shall  be  a  mis¬ 
demeanor  and  a  separate  and  new  offense  under  this  sectioin,  and 
every  such  offense  shall  be  punishable  by  fine  of  not  less  than  five 
nor  more  than  twenty-five  dollars.  The  expense  incurred  by  any 
tenant,  occupant,  or  agent  in  complying  with  the  order  of  said  council 
to  make  such  sewer  connection  may  be  deducted  out  of  the  accruing 
rents  as  provided  for  in  section  sixty-one  relating  to  the  abatement 
of  nuisances.  Jurisdiction  to  hear,  try,  determine  and  sentence  for 
violation  of  this  section  is  vested  in  the  police  court  of  such  city. 

The  liens  herein  and  hereinbefore  provided  for  street  paving, 
macadamizing  and  sewerage  assessments  and  assessments  for  other 
improvements  shall  constitute  liens  upon  the  real  estate  upon  which 
they  are  assessed,  as  against  creditors  of  the  owners  thereof,  or  pur¬ 
chasers  for  value,  and  without  actual  notice  of  such  liens,  only  from 
and  after  the  time  that  the  statement  thereof  certified  as  aforesaid.. 

shall  be  filed  for  record  in  the  office  of  the  clerk  of  the  countv  court  of 

%/ 

Kanawha  county. 

Sec.  63.  Whenever  it  is  deemed  expedient  by  the  council  of  said 
city  to  provide  for  the  grading,  paving,  sewering,  macadamizing  or 
otherwise  improving  any  street  or  alley  therein  to  be  paid  for  in  whole 
or  in  part  by  special  assessment,  said  council  shall  declare  by  reso¬ 
lution,  by  aye  and  no  vote,  the  necessity  of  such,  improvement.  At 
the  time  of  the  passage  of  said  resolution  the  said  council  shall  have 
on  file  in  the  office  of  the  city  clerk,  plans,  specifications,  estimates  and 
profiles  of  the  proposed  improvements,  showing  the  proposed  grade  of 
the  street  and  improvement,  after  completion,  with  reference  to  the 
property  abutting  thereon,  which  plans,  specifications,  estimates  and 
profiles  shall  be  open  for  the  inspection  of  all  persons  interested.  Said 
resolution  shall  determine  the  general  nature  of  the  improvements, 
what  shall  be  the  grade  of  the  street,  alley  or  other  public  place  to  be 
improved,  as  well  as  the  grade  or  elevation  of  the  curb,  and  said  council 
shall  approve  the  plans,  specifications,  estimates  and  profiles  for  the 
proposed  improvement.  The  council  shall  also  determine  in  said 
resolution  the  method  of  paying  for  the  work  contemplated  in  said 
plans  and  specifications,  whether  by  an  appropriation  from  funds  in 
the  treasury  unappropriated,  or  whether  or  not  bonds  shall  be  issued 


o 


51 


in  anticipation  of  the  collection  of  special  assessments,  to  be  made 
against  the  abutting  property  owners  as  provided  for  in  section  sixty- 
one  of  this  act.  Assessments  shall  be  payable  in  ten  installments  as 
provided  for  in  said  sixty-first  section.  The  resolution  herein  pro¬ 
vided  for  declaring  the  necessity  for  said  improvement  shall  be  pub¬ 
lished  at  least  once  a  week,  for  two  successive  weeks  after  its  adoption, 
in  two  newspapers  published  in  the  city,  and  of  opposite  politics,  and 
an  affidavit  of  the  publisher  showing  publication  for  such  time,  to¬ 
gether  with  a  copy  of  said  notice  attached,  shall  be  filed  with  the  city 
clerk  of  the  said  city  and  spread  upon  the  record  of  the  minutes  of 
the  next  meeting  of  the  council,  said  resolution  shall  be  in  effect  from 
and  after  the  first  publication  thereof  as  herein  provided  for. 

Sec.  64.  A  notice  of  the  passage  of  the  resolution  required  in  the 
last  preceding  section,  embodying  a  copy  of  said  resolution,  shall  be 
served  upon  the  owner  of  each  piece  of  property  to  be  assessed,  said 
service  to  be  made  in  manner  provided  by  this  act  for  serving  notices 
herein  required;  provided ,  that  if  any  of  the  owners  or  persons  be 
not  residents  of  the  city  of  Charleston  or  if  it  appears  by  the  return, 
in  any  case,  that  the  owner  cannot  be  found,  then  a  notice  of  the 
passage  of  said  resolution  shall  be  published  in  some  newspaper  of 
general  circulation  in  said  city  once  a  week  for  two  successive  weeks, 
and  such  notice  whether  by  service  or  publication,  shall  be  completed 
at  least  three  days  before  said  improvement  is  begun  or  the  assess¬ 
ment  is  levied,  and  the  return  of  the  officer  serving  such  notice  or  a 
certified  copy  of  said  return,  or  when  published,  the  certificate  of  the 
publisher  of  said  newspaper,  shall  be  prima  facie  evidence  of  the 
service  of  the  notice  as  herein  required.  Notice  upon  infants  may  be 
served  on  their  guardian,  and  upon  insane  persons,  by  service  upon 
their  committee. 

Sec.  65.  The  city  of  Charleston  shall  pay  the  cost  of  paving  inter¬ 
sections  of  all  cross  streets,  but  not  including  the  places  where  private 
alleys  or  private  crossings  cross  sidewalks,  which  shall  be  paved  by 
the  owner  or  owners  of  said  private  alleys  or  crossings  or  at  his  or 
their  expense;  provided ,  that  whenever  special  assessments  shall  have 
hereafter  been  levied  and  paid  under  the  provisions  of  this  act  for 
any  improvement  made  aftep  this  act  becomes  a  law,  for  the  improve¬ 
ment  of  any  street  or  other  public  place  (other  than  sidewalks),  the 
property  so  assessed  shall  not  again  be  assessed  for  more  than  half 
of  the  cost  and  expense  of  repaving  or  repairing  such  street  or  other 
place  unless  the  grade  be  changed,  but  this  exception  shall  not  apply 


52 


to  the  repaving  or  repairing  of  streets  or  other  public  places  which 
were  paved  or  improved  before  the  passage  of  this  act. 

Sec.  66.  It  shall  he  lawful  for  said  city  of  Charleston  to  issue  and 
sell  its  bonds  as  provided  in  this  act  for  the  sale  of  other  bonds,  to 
pay  the  city’s  part  of  the  cost  of  said  improvements  as  required  by 
this  act,  and  may  levy  taxes  in  addition  to  all  other  taxes  authorized 
by  law,  to  pay  such  bonds  and  interest  thereon,  provided  that  the  total 
indebtedness  of  the  city  for  all  purposes  shall  not  exceed  five  per 
centum  of  the  total  value  of  all  taxable  property  therein. 

Sec.  67.  At  the  expiration  of  the  time  for  the  giving  and  publica¬ 
tion  of  the  notices  as  provided  for  in  section  sixty-four,  the  council 
shall  determine  whether  it  will  proceed  with  the  proposed  improve¬ 
ment  or  not,  and  if  it  decides  to  proceed  therewith,  an  ordinance  for 
the  purpose  shall  be  passed  ;  said  ordinance  shall  set  forth  the  streets 
and  alleys  upon  which  the  abutting  property  is  to  be  assessed  for  the 
improvement  and  shall  contain  a  statement  of  the  general  nature  of 
the  improvement,  and  the  character  of  the  materials  which  may  be 
bid  upon  therefor,  of  the  mode  of  payments  therefor;  a  reference  to 
the  resolution  therefor  passed  for  said  improvement,  giving  the  date 
of  its  passage  and  a  statement  of  the  intention  of  the  council  to  pro¬ 
ceed  therewith  in  accordance  with  said  resolution  and  in  accordance 
with  the  plans,  specifications,  estimates  and  profiles  provided  for  said 
improvement.  In  setting  forth  the  lots  and  lands  abutting  upon  the 
improvement  it  shall  be  sufficient  to  escribe  them  as  the  lots  and 
lands  abounding  and  abutting  upon  said  improvements  between  and 
including  the  termini  of  said  improvements,  or  by  the  description  by 
which  they  are  described  on  the  land  books  of  the  county  of  Kanawha, 
and  this  rule  of  description  shall  apply  in  all  proceedings  in  which 
lots  or  lands  are  to  be  charged  with  a  special  assessment. 

Sec.  68.  In  any  case  in  which  special  assessments  have  been  made, 
or  shall  hereafter  be  made,  upon  property  for  the  construction  of  any 
improvement  authorized  by  this  act  or  previous  statutes  and  several 
kinds  of  materials  have  been  named  in  the  ordinance  or  ordinances 
providing  for  the  same,  and  on  which  bids  have  been  received  for 
the  construction  of  said  improvements  with  any,  either  or  all  of  said 
material,  said  assessments  shall  be  valid  and  binding  assessment  on 
the  property  so  assessed.  In  the  case  of  the  construction  of  sewers 
required  under  the  provisions  of  this  act,  notice  of  the  passage  of  said 
resolution  therefor,  as  provided  for  in  section  sixty-four,  of  this  act, 
shall  be  given  in  the  manner  provided  for  in  said  section  of  this  act. 


53 


Sec.  69.  No  public  improvement,  the  cost  or  part  of  the  cost  of 
which  is  to  be  especially  assessed  on  the  owners  of  property,  shall  be 
made  without  the  concurrence  of  three-fifths  of  all  of  the  members 
of  council  unless  the  owners  of  a  majority  of  the  foot  frontage  to  be 
assessed  petition  in  writing  therefor,  in  which  event  the  said  council 
shall  be  authorized  upon  the  affirmative  vote  of  a  majority  thereof  to 
proceed  With  the  improvement  in  manner  provided  for. 

Sec.  70.  When  the  whole  or  any  portion  of  the  improvement 
authorized  by  this  act  passes  through  or  by  a  public  wharf,  market 
space,  park,  cemetery,  structure  for  the  fire  department,  water  works, 
school  building,  infirmary,  market  house,  work  house,  hospital,  house 
of  refuge,  bridge,  gas  works,  public  prisons,  court  house,  church  or 
any  other  public  structure  or  public  grounds  within  said  corporation, 
and  belonging  to  said  corporation  or  to  the  county,  state,  or  any 
church,  association,  eleemosynary  institution,  the  council  may  au¬ 
thorize  the  proper  proportion  of  the  estimated  cost  and  expense  of  the 
improvement  to  be  certified  to  the  clerk  of  the  county  court  of  Kan¬ 
awha  county,  and  it  shall  be  the  duty  of  those  persons  having  charge 
of  the  fiscal  affairs  of  any  such  property  or  institution  to  make  proper 
arrangements  for  the  payment  of  such  assessments  when  due  and 
payable. 

Sec.  71.  The  cost  of  any  improvements  contemplated  in  this  act 
and  for  which  assessments  may  be  made,  shall  include  the  cost  and 
expense  of  the  preliminary  and  other  surveys,  and  of  printing  and 
publishing  all  notices  required  to  be  published,  and  serving  the  notices 
upon  the  property  owners  and  the  cost  of  constructing  and  inspection. 

Sec.  72.  No  person  shall  bring  any  action  whatever  in  any  court 
in  this  state  for  damage  arising  out  of  improvements  or  change  of 
grade  unless  he  shall  have  filed  with  the  council  at  some  time  after 
the  publication  of  the  notice  provided  for  in  section  sixty-four,  and 
before  the  time  of  the  introduction  of  the  ordinance  providing  for 
said  improvement  a  statement  of  the  damage  which,  in  his  opinion,  he 
will  sustain  by  reason  of  said  improvement  or  the  change  of  grade 
therefor,  which  statement  shall  be  duly  sworn  to  and  be  spread  upon 
the  minutes  of  said  council. 

Sec.  73.  Proceedings  with  respect  to  improvements  shall  be  liber¬ 
ally  construed  by  the  courts  to  secure  speedy  completion  of  the  work 
at  reasonable  cost,  and  a  speedy  collection  of  the  assessments  after 
the  time  has  elapsed  for  their  payment  and  merely  formal  objection 
in  such  cases  shall  be  disregarded. 


54 


Sec.  74.  It  is  especially  provided  that  no  bonds  shall  be  issned 
under  the  provisions  of  this  act  unless  and  until  the  question  of 
issuing  said  bonds  shall  have  first  been  submitted  to  a  vote  of  the 
people  of  the  city  and  shall  have  received  three-fifths  of  all  votes  cast 
at  said  election  for  or  against  the  same. 

The  council  may  provide  by  ordinance  for  an  election  every  year, 
at  which  the  question  shall  be  submitted  to  the  people,  as  to  whether 
the  city  shall  be  authorized  to  issue  bonds  for  the  purpose  and  under 
the  provisions  of  this  act,  to  an  amount  not  to  exceed  in  the  ensuing 
year  the  amount  recommended  by  said  ordinance  for  said  ensuing 
year;  but  the  ordinance  providing  for  said  election  need  not  specify 
in  detail  the  location  of  the  improvements  contemplated  to  he  paid 
for  during  the  ensuing  year  out  of  said  aggregate  issue  authorized  for 
said  year,  but  before  issuing  any  bonds  the  council  shall  pass  separate 
ordinances  for  such  street  or  alley  to  be  improved,  dealing  with  all 
the  requirements  set  forth  in  section  sixty-seven  of  this  act,  and  not¬ 
withstanding  the  provisions  of  sections  two,  three  and  six  of  chapter 
forty-seven  of  the  code,  it  shall  be  sufficient  description  for  the  pur¬ 
pose  for  which  said  election  is  held  if  the  ordinance  providing  for 
said  election  shall  recite  that  it  authorized  the  council  of  said  city  to 
issue  bonds  for  the  purpose  of  grading,  paving,  sewering  or  otherwise 
improving  the  streets  and  alleys  of  said  city,  at  such  times  as  the 

council  shall  deem  fit  during  the  ensuing  year  ending  on  the - 

day  of - ,  19 — ,  to  an  amount  not  exceeding  in  the 

aggregate  during  the  said  year  the  sum  of - ;  and  when 

the  council  shall  have  been  once  authorized  by  a  vote  of  the  people 
to  issue  bonds  for  the  purpose  and  in  a  sum  not  to  exceed  the  amount 
set  forth  in  the  ordinance  providing  for  the  said  election,  no  further 
election  shall  be  necessary  for  the  issuing  of  bonds  during  said 
ensuing  year  up  to  the  amount  stipulated  in  said  ordinance  providing 
for  said  election,  hut  the  council  shall  from  time  to  time  during  said 
ensuing  year,  by  ordinance  authorize  the  issue  of  said  bonds,  in  such 
sums  and  for  the  improvement  of  such  streets  or  alleys  as  to  it  may 
seem  best,  providing  the  requirements  of  this  act  are  complied  with. 
The  aggregate  amount  of  bonds  authorized  by  said  annual  election 
shall  not  be  exceeded  during  said  ensuing  year,  unless  and  except 
the  same  be  authorized  by  special  election  held  at  a  subsequent  time  in 
said  year  and  duly  called  as  provided  for  the  calling  of  the  annual 
bond  election. 

The  provisions  of  chapter  forty-seven  of  the  code  concerning  bond 


55 


elections  shall,  so  far  as  they  are  not  in  conflict  with  the  provisions 
of  this  act,  apply  to  the  annual  bond  elections  and  special  bond  elec¬ 
tions  herein  provided  for. 

Sec .  75.  The  council  may  refund  the  lawful  bonded  indebt¬ 
edness  of  said  city  by  issuing  bonds  of  the  city ,  payable  within 
twenty  years ,  bearing  no  greater  rate  of  interest  than  four  per 
cent ,  but  the  indebtedness  of  said  city  shall  not  thereby  be  in¬ 
creased  without  the  consent  of  the  voters  of  said  city  being  first 
had  and  obtained  as  provided  by  law. 

Such  bonds  shall  not  be  sold  nor  exchanged  for  the  evidence 
of  said  indebtedness  of  said  city  for  less  than  par,  and  there 
shall  be  provided  a  sinking  fund  that  will  discharge  said  bonds 
as  they  shall  become  due.  Said  bonds  shall  express  on  their 
face  that  they  may  be  paid  at  any  time  after  five  years  at  the 
pleasure  of  the  city.  A  record  shall  be  kept  of  all  proceedings 
hereunder ;  provided,  that  nothing  herein  contained  shall  be 

construed  to  authorize  an  increase  of  the  bonded  indebtedness 
of  said  city  beyond  the  amount  authorized  by  law.  Notwith¬ 
standing  the  limitations  of  this  and  other  laws  of  the  state  of 
West  Virginia  relating  to  the  issue  of  bonds  and  other  indebt¬ 
edness,  the  city  of  Charleston  is  hereby  authorized  upon  the 
affirmative  vote  of  three-fifths  of  all  the  votes  cast  at  an  election 
held  for  said  purpose  to  issue  and  sell  bonds  for  the  purpose  of 
providing  the  necessary  funds  for  purchasing  the  ground  and 
erecting  a  new  city  building  and  jail,  or  a  separate  jail,  a  new 
central  fire  station  or  fire  stations ,  buying  or  building  bridges , 
water  works,  plants  and  other  public  utilities ,  and  a  city  market 
or  either  or  any  of  them. 

The  council  of  said  city  shall  provide  for  the  building  of  a  city 
jail,  and  for  that  purpose  m,ay,  if  necessary,  purchase  the  neces¬ 
sary  land  and  shall  lap  such  levy  for  the  year  one  thousand  nine 
hundred  and  nineteen  in  addition  to  all  other  levies  authorized 
by  law,  as  may  be  necessary  for  the  purpose  of  constructing  said 
city  jail.  The  said  city  council  shall  also  construct  within  the 
city  of  Charleston  two  public  comfort  stations,  one  of  which 
shall  be  built  in  that  part  of  Charleston  lying  east  of  Elk  river, 
and  one  of  which  shall  be  built  in  that  part  of  Charleston  lying 
west  of  Elk  river,  which  stations  shall  be  constructed  in  a  modern 
and  sanitary  manner,  and  council  is  authorized,  if  necessary,  to 
purchase  such  real  estate  as  may  be  needed  for  such  purposes. 


56 


and  the  city  council  shall  for  the  year  one  thousand  nine  hun¬ 
dred  and  twenty  lay  a  sufficient  levy,  in  addition  to  all  other 
levies  authorized  by  law,  to  build  one  of  said  comfort  stations, 
and  for  the  year  one  thousand  nine  hundred  and  twenty-one,  in 
addition  to  all  other  levies  authorized  by  law,  lay  a  sufficient  levy 
to  build  the  other  of  said  public  comfort  stations,  and,  in  each 
case,  do  all  things  necessary  and  proper  to  carry  out  the  general 
purpose  hereby  commanded :  and  in  the  event  said  council  shall 
fail,  neglect  or  refuse  to  lay  said  levies  for  the  building  of  said 
city  jail  and  public  comfort  stations  as  herein  required,  then 
any  voter  of  said  city  may,  by  mandamus  proceeding  in  any 
court  having  jurisdiction ,  compel  the  council  to  perform  such 
duty ;  provided,  that  the  council  may,  if  it  so  desire,  submit  to 
the  vote  of  the  people  by  proper  ordinance,  the  question  of 
issuing  bonds  for  the  foregoing  purposes,  and  in  the  event  suck 
bonds  shall  be  authorized,  then  such  levies  shall  not  be  made, 
and,  provided,  that  no  such  sale  of  bonds  shall  be  made  so  as 

to  cause  the  total  indebtedness  of  said  city,  for  all .  purposes, 
to  exceed  in  the  aggregate  five  per  centum  on  the  value  of  the 
taxable  property  therein,  as  ascertained  by  the  last  assessment 
for  state  and  county  taxes  previous  to  the  incurring  of  such 
indebtedness.  ' 


Hospitals,  Libraries,  Etc. 

Sec.  76.  The  council  shall  have  the  authority  to  erect,  buy,  sell 
and  lease  all  buildings  necessary  for  the  use  of  the  city  government 
and  to  provide  for  and  regulate  the  same,  and  to  establish  and  main¬ 
tain  public  hospitals,  libraries  and  reading  rooms?  and  to  purchase 
books,  papers  and  manuscripts  therefor,  and  to  receive  donations, 
gifts  or  bequests  for  same  in  trust  or  otherwise. 

Civil  Service  Board. 

Sec.  77.  For  the  purpose  of  making  examinations  of  persons  ap¬ 
plying  for  offices  or  positions  in  the  fire  department,  and  prescribing 
rules  for  their  conduct,  the  council  shall  appoint  three  discreet  per¬ 
sons,  who  need  not  be  members  of  council,  who  shall  act  and  be  known 
as  a  civil  service  board,  and  the  city  clerk  shall  be  ex-officio  clerk  of 
said  board. 

The  civil  service  board  shall  adopt  rules  for  its  own  government 


« 


57 


and  cause  the  minutes  of  its  meeting  to  be  recorded  in  a  book  especially 
provided  for  that  purpose,  which  shall  be  kept  by  the  city  clerk  at  his 
office,  and  open  to  public  inspection.  The  civil  service  board,  at  least 
every  six  months  in  each  year  and  oftener  if  it  deems  it  necessary,  after 
ten  days’  notice  published  in  two  daily  newspapers  of  opposite  politics, 
giving  the  time  and  place  of  meeting,  shall  hold  examinations  for  the 
purpose  of  determining  the  fitness  and  qualifications  of  applicants 
for  offices  and  positions  in  the  fire  department,  which  examinations 
shall  be  practicable  and  shall  fairly  test  the  fitness  of  the  person 
examined  to  discharge  the  duties  of  the  position  to  which  they  seek 
appointment  and  such  examinations  shall  be  made  with  the  aim  to 
secure  and  maintain  an  honest  and  efficient  fire  department.  Said 
board  shall  at  once,  after  each  of  said  examinations,  place  on  record 
in  the  journal  of  the  civil  service  board  the  results  of  said  examina¬ 
tion,  giving  the  name  of  applicants  and  the  position  sought  by  them 
and  their  respective  percentages.  In  making  such  examination  the 
size,  weight,  intelligence,  health,  physical  appearance,  habits  and 
moral  standing  and  surroundings  shall  be  taken  into  consideration. 

All  persons  examined  by  said  service  board  receiving  a  general 
average  of  seventy  per  cent,  shall  be  placed  upon  an  eligible  list,  and 
thereafter  all  appointments,  whether  original  or  to  fill  vacancies 
therein  from  time  to  time,  shall  be  filled  by  the  appointment  of  the 
applicant  who  has  the  highest  standing  on  the  eligible  list;  provided 
if  at  the  time  any  appointment  is  to  be  made  from  the  eligible  list, 
the  civil  service  board,  in  its  discretion,  may  make  another  examina¬ 
tion  of  such  person  before  his  appointment  and  may  for  good  cause 
on  such  examination  change  the  grade  of  such  applicant. 

Sec.  78.  The  members  of  the  fire  department  under  and  by  virtue 
of  the  ordinance  and  regulations  adopted  in  pursuance  of  the  pro¬ 
visions  of  the  charter  of  the  city  of  Charleston  as  it  was  on  January  1, 
1915,  now  in  office  in  the  city  of  Charleston  shall  remain  in  office 
during  good  behavior  and  shall  not  be  removed  from  their  said  offices 
or  positions  except  for  misconduct,  or  failure,  inability  or  incapacity 
to  perform  their  duties  or  for  the  good  of  the  service,  or  when  it  shall 
be  necessary  to  reduce  the  number  in  the  department  ;  provided ,  that 
the  first  mayor  elected  under  this  act  may,  within  sixty  days  after 
qualifying  as  such,  remove  any  member  of  the  fire  department  now  in 
office  if  he  shall  be  of  opinion  that  it  will  be  for  the  good  of  the 
service  to  remove  such  person  from  his  position. 

All  persons  appointed  to  positions  in  the  fire  department,  except 


58 


the  chief  thereof,  shall  be  appointed  in  the  manner  provided  in  section 
seventy-seven. 

Sec.  79.  No  member  of  the  fire  department  or  police  department 
shall  actively  engage  in  any  primary  election,  convention  or  election 
in  which  any  officer  in  the  city,  county  or  state  is  to  he  nominated  or 
elected,  nor  shall  such  member,  directly  or  indirectly,  give  or  offer  to 
give,  contribute  or  offer  to  contribute,  any  money  or  thing  of  value  or 
profit  to  any  political  committee  or  party  organization  to  be  expended 
in  behalf  of  any  political  party,  nor  to  any  candidate  or  candidates  for 
nomination  for  or  election  to  any  office  in  the  city,  county  or  state. 
The  violation  of  any  of  the  provisions  of  this  section  by  any  member 
of  the  fire  department  or  police  department  shall  be  deemed  mis¬ 
conduct  in  office.  Any  member  of  the  fire  department  or  police  de¬ 
partment  guilty  of  misconduct,  shall  he  dismissed  from  the  service  of 
the  city  by  the  head  of  his  department  or  by  council,  upon  charges 
preferred  and  proven  by  any  citizen  of  said  city. 

Sec.  80.  The  council  shall  hear  and  determine  all  charges  against 
any  officer  of,  or  person  holding  a  position  in  the  fire  department, 
after  ten  days’  written  notice  to  the  accused  of  the  charges  preferred 
against  him,  and  of  the  time  and  place  of  hearing  of  said  charges  and 
an  opportunity  shall  be  given  to  the  accused  to  be  heard.  After  hear¬ 
ing  said  charges  the  council  may,  by  a  majority  vote  of  its  members 
sustain  the  same,  and  by  like  vote  may  reprimand,  fine  or  suspend, 
dismiss  or  reinstate  said  accused  person.  Upon  the  making  of  such 
charges,  and  pending  trial  thereon,  the  chief  of  the  fire  department, 
when  the  provocation  is  great,  may  suspend  the  accused  officer,  and 
if  he  be  thereafter  found  guilty  on  the  charges  preferred,  and  by  reason 
thereof  dismissed,  or  suspended,  he  shall  draw  no  salary  during  the 
period  of  his  suspension. 

Serving  Notice. 

Sec.  81.  When  any  notice  is  required, to  be  given,  or  any  summons, 
warrant  or  other  process  is  required  to  be  served  or  otherwise  executed, 
under  the  provisions  of  this  act,  it  shall  be  sufficient  if  such  notice, 
summons,  warrant,  or  other  process  be  executed  by  an  officer  of  the 
police  department  of  said  city  in  the  same  way  or  manner  in  which 
the  laws  of  the  state  prescribe  for  executing  summonses  and  subpoenas 
by  state  officers,  unless  othewise  provided  by  this  act. 

Sec.  82.  The  first  election  hereunder  shall  be  held  on  the  third 
Monday  in  April,  one  thousand  nine  hundred  and  fifteen,  or  in  the 


59 


event  this  act  does  not  take  effect  in  time,  it  shall  he  held  at  the  time 
hereinbefore  provided,  and  the  officers  then  elected  shall  begin  their 
terms  on  the  first  day  of  May,  one  thousand  nine  hundred  and  fifteen, 
or  as  hereinbefore  provided,  and  thereafter  all  elections,  except  special 
elections,  shall  be  held  on  the  third  Monday  of  April,  in  every  second 
year  thereafter ;  and  the  terms  of  office  of  the  persons  so  elected  shall 
begin  on  the  first  day  of  May  next  after  such  election.  The  term  of 
office  of  all  the  officers  of  the  city  now  in  office,  heretofore  elected  or 
appointed,  are  hereby  extended  and  continued  till  the  first  day  of 
May?  one  thousand  nine  hundred  and  fifteen,  and  until  their  suc¬ 
cessors,  under  the  provisions  of  this  act,  shall  be  elected  and  qualified. 
The  council  shall  be  a  canvassing  board  to  ascertain  and  declare  the 
result  of  the  election,  to  determine  and  settle  ties  as  herein  provided 
for,  and  to  hear  and  determine  all  contests.  The  council  shall  assem¬ 
ble  in  special  session  on  the  day  fixed  by  law  to  canvass  the  result  of 
any  election;  and  all  the  powers  concerning  elections,  given  to  the 
county  court  by  general  law,  are  hereby  vested  in  the  council,  except 
as  hereinbefore  provided.  Whenever  one  or  more  members  of  the 
council  shall  be  a  candidate  for  re-election,  it  shall  be  the  duty  of 
council  to  meet  and  appoint  some  person  or  persons,  qualified  to  act 
on  the  canvassing  board,  to  serve  as  such  in  the  appointment  of  elec¬ 
tion  officers  and  in  canvassing  and  declaring  the  results  of  any  elec¬ 
tion  and  hearing  contested  election  matters  and  cases.  The  place 
and  stead  of  such  disqualified  member  or  members  shall  be  filled  in 
each  case  by  a  member  or  members  of  the  same  political  party  as  the 
person  or  persons  respectively,  in  whose  place  or  places  he  or  they 
are  so  appointed.  Every  person  so  appointed  shall  take  an  oath  of 
office  to  faithfully  and  impartially  perform  the  duties  of  said  office. 
In  all  matters  concerning  said  election  thereafter  and  the  canvassing 
and  declaring  the  results  thereof  and  the  hearing  of  contests  in  rela¬ 
tion  thereto,  such  person  or  persons  so  appointed  shall  act  in  the 
plac'e  and  stead  of  such  member  or  members,  so  being  candidates,  and 
it  shall  be  unlawful  for  any  member  of  the  council  to  act  as  such  in 
the  appointment  of  election  officers  or  in  ascertaining  and  declaring 
the  result  of  any  election,  in  hearing  any  contest  in  relation  thereto, 
when  such  member  is  a  candidate  at  such  election;  and  any  one 
violating  this  section  shall  be  deemed  ineligible  to  the  office  for  which 
he  is  a  candidate. 

Sec.  83.  The  city  clerk,  acting  under  state  laws  insofar  as  they 
are  not  in  conflict  with  this  act,  shall  perform  such  duties  relating 


\ 


60 


to  all  municipal  elections  held  under  the  municipal  authorities  of 
said  city  as  the  clerks  of  the  county  and  circuit  courts  of  Kanawha 
county  perform,  under  state  laws  in  relation  to  state,  county  and 
district  elections  in  said  county  ;  and  he  shall  likewise  be  the  cus¬ 
todian  of  all  ballots,  tally  sheets,  etc.,  pertaining  to  all  municipal 
elections. 

Existing  Officers  and  Ordinances. 

Sec.  84.  The  mayor,  board  of  affairs,  common  council  and  all 
other  officers,  agents  and  employees  of  the  city  of  Charleston  shall 
remain  in  and  hold  their  offices  and  discharge  the  duties  thereof 
until  the  first  day  of  May,  one  thousand  nine  hundred  and  fifteen, 
and  thereafter  until  their  successors  are  elected  and  qualified  as  pro¬ 
vided  by  this  act,  and  all  existing  offices  not  provided  for  by  this  act, 
shall  be  abolished  as  of  the  first  day  of  May,  one  thousand  nine  hun¬ 
dred  and  fifteen,  or  as  soon  thereafter  as  this  act  shall  take  effect. 

All  valid  ordinances  and  regulations  passed  and  adopted  by  the 
council,  or  by  the  board  of  affairs  and  council  on  or  before  the  first 
day  of  May,  one  thousand  nine  hundred  and  fifteen,  and  not  incon¬ 
sistent  with  this  act,  shall  be  and  remain  in  force  unless  and  until 
repealed,  and  the  council  now  in  office  shall  continue  to  exercise  its 
powers  as  such  until  the  officers  elected  in  one  thousand  nine  hundred 
and  fifteen  shall  have  been  qualified. 

Sec.  85.  The  mayor  shall  appoint  such  number  of  policemen  as 
are  or  may  be  hereafter  prescribed  by  the  city  council  by  ordinance, 
and  the  mayor  shall  have  at  his  discretion,  the  absolute  right  and 
power  to  dismiss  any  policeman  and  appoint  another  in  his  stead. 
The  policemen  shall  be  under  the  command  of  the  mayor  and  the 
chief  of  police,  to  be  appointed  as  in  this  act  provided  for,  and  shall 
perform  any  and  all  the  duties  incident  to  the  office  of  policemen 
under  the  instructions  and  command  of  the  mayor  and  the  chief  of 
police,  and,  in  addition  to  the  usual  and  customary  duties  prescribed 
by  the  laws  of  this  state  and  under  the  provisions  of  this  charter  re¬ 
quired  of  them,  it  shall  specially  be  the  duty  of  each  police  officer  to 
report  to  the  chief  of  police,  or  some  one  designated  by  said  chief  of 
police  to  receive  such  report,  daily  and  oftener  if  occasion  demands, 
the  condition  of  all  streets,  sidewalks,  alleys,  basements,  backyards, 
buildings,  unimproved  lots  and  all  other  things  and  matters  within 
the  limits  of  said  city  that  may  come  under  the  notice  of  such  police¬ 
men  which  may  relate  to  the  health  of  the  citizens  thereof,  the  sani¬ 
tary  conditions,  the  necessity  of  the  removal  of  any  obstructions  upon 


/ 


61 


any  of  the  streets,  alleys  or  sidewalks,  and  it  shall  be  the  duty  of  the 
policemen  under  their  instructions  to  perform  all  the  duties  and 
exercise  all  the  powers  ordinarily  imposed  upon  or  given  to  the  officers 
now  known  as  health  officers.  It  shall  also  be  the  duty  of  each  police 
officer  to  perform  all  the  duties  of  humane  officer  and  to  exercise  all 
the  functions,  power  and  authority  relating  thereto  which  are  or  may 
be  prescribed  by  any  law  of  this  state  or  ordinance  of  the  city. 

Sec.  86.  Each  member  of  the  city  council  shall  be  paid  during  his 
term  of  office  the  sum  of  two  dollars  and  fifty  cents  for  each  meet¬ 
ing  of  the  council  that  he  shall  attend;  provided ,  that  the  aggregate 
amount  to  be  paid  to  each  member  of  the  council  shall  not  exceed 
the  sum  of  one  hundred  dollars  per  annum.  The  roll  of  the  members 
of  the  council  shall  be  called  at  the  beginning  and  at  the  end  of  each 
meeting  thereof,  and  those  members  only  who  answer  in  person  at 
each  roll  call  shall  be  entitled  to  receive  their  pay  for  such  meeting. 
The  names  of  those  members  present  at  each  roll  call  shall  be  entered 
upon  the  record.  If  there  should  not  be  a  quorum  present  at  the  first 
roll  call  and  the  meeting  be  adjourned  for  that  reason,  then  it  shall 
not  be  a  meeting  that  will  entitle  those  present  to  the  payment  of 
the  sum  of  two  dollars  and  fifty  cents  as  provided  in  this  section.  It 
shall  be  the  duty  of  all  councilmen  to  attend  all  of  its  meetings,  and 
if  any  councilman  shall  be  absent  from  the  meetings  of  council  as 
shown  by  its  record  for  three  consecutive  meetings,  then  his  office  shall 
ipso  facto  become  vacant  unless  the  council  shall  authorize  or  excuse 
such  absence.  If  the  office  of  any  councilman  shall  become  vacant 
under  the  provisions  of  this  section,  then  the  council  shall  proceed  to 
fill  the  same  as  it  is  authorized'  to  do  in  the  case  of  vacancies. 

Sec.  87.  It  shall  be  the  dut}r  of  the  manager,  not  later  than  the 
tenth  day  of  any  month  after  his  appointment,  to  make  a  detailed 
report  to  the  council  for  the  preceding  month.  Such  report  shall 
show  under  distinct  heads,  first,  the  names  and  salaries  of  all  em¬ 
ployees  under  the  control  and  supervision  of  the  manager;  second,  all 
expenditures  or  disbursements  in  the  several  departments  under  the 
supervision  of  the  manager;  third,  an  itemized  statement  of  all  pur¬ 
chases,  together  with  the  cost  thereof,  for  each  and  every  such  de¬ 
partment;  fourth,  all  such  other  matters  and  things  as  the  council 
may  by  proper  ordinance  or  resolution  require  of  said  manager. 
Such  report  shall  be  entered  of  record  in  the  minutes  of  the  council 
and  be  a  public  record,  open  to  the  inspection  of  all  persons.  All 
officers  or  employees  in  any  of  the  departments  under  the  supervision 


62 


of  the  manager  shall,  whenever  required  by  said  manager,  make  full 
and  complete  reports  of  all  things  done  by  them  as  such  officers  or 
employees  in  connection  with  the  business  of  the  city. 

Sec.  88.  In  addition  to  the  method  provided  for  paving 
streets,  hy  section  sixty-one  of  the  charter  of  the  city  of  Charles¬ 
ton,  the  council  may  order  any  block,  street,  avenue  or  alley  to 
be  paved  or  otherwise  permanently  improved ,  and  the  council 
may  order  the  mayor  and  city  cleric  to  issue  to  the  contractor 
doing  the  paving ,  or  other  permanent  improvement,  a  certificate 
for  each  installment  of  the  amount  of  the  assessment  to  be  paid 
by  the  owner  of  any  lot  or  fractional  part  thereof  fronting  on 
such  street,  avenue  or.  alley,  and  the  amount  specified  in  said 
assessment  certificate  shall  be  a  lien  as  aforesaid  in  the  hands 
of  the  holder  thereof  upon  the  lot  or  part  of  a  lot  fronting  on 
such  street,  avenue  or  alley  and  such  certificate  shall  draw  interest 
from  the  date  of  said  assessment  and  the  payment  may  be  en¬ 
forced  in  the  name  of  the  holder  of  said  such  certificate  by 
proper  suit  in  equity  in  any  court  having  proper  jurisdiction  to 
enforce  such  lien,  and  the  council  shall  fix  the  amount  of  such 
assessment,  advertise  for  bids  and  do  all  other  things  in  con¬ 
nection  therewith  as  is  provided  for  paving  or  permanently  im¬ 
proving  any  street  or  alley  or  any  portion  thereof  in  section 
sixty-one,  and  such  certificates  shall  be  issued  in  the  same  num¬ 
ber  of  installments  and  payable  at  the  same  time  as  other  paving 
or  permanent  improvements  are  provided  to  be  paid  for  and 
shall  be  a  lien  in  the  hands  of  the  holder  thereof  upon  the  partic¬ 
ular  lot  against  ivhich  they  are  assessed  in  the  same  way  and 
manner  that  assessments  are  liens  under  section  sixty-one  of 
said  charter. 

Such  certificates  as  may  be  issued  pursuant  to  the  foregoing 
section  shall  contain  a  provision  to  the  effect  that  in  the  event  of 
default  in  the  payment  of  any  one  of  said  certificates,  when  due, 
and  said  default  shall  continue  for  a  period  of  sixty  (60)  days, 
then  all  unpaid  certificates  shall  become  due  and  payable  and 
the  holder  of  said  certificates  may  proceed  to  collect  all  of  such 
unpaid  certificates  in  the  manner  hereinbefore  provided. 

Provided ,  that  no  street,  avenue  or  alley  shall  be  'paved  or 
otherwise  permanently  improved' pursuant  to  this  section  except 
and  unless  two-thirds  of  all  the  members  elected  to  council  shall 
concur  therein. 


63 


Initiative ,  Referendum  and  Recall. 

Sec.  89.  Any  proposed  ordinance,  or  amendment  to  any  ordinance 
already  in  effect,  may  be  submitted  to  the  city  council  by  the  petition 
of  qualified  voters  in  said  city,  but  such  petition  must  be  signed  by 
such  number  of  voters  as  shall  amount  to  at  least  ten  per  cent  of  the 
number  of  votes  cast  for  the  office  of  mayor  at  the  last  preceding 
municipal  election.  Such  proposed  ordinance,  or  amendment  to  an 
ordinance,  shall  be  passed  without  alteration  or  change  by  the  city 
council  within  thirty  days  after  such  petition  is  filed,  or  the  city 
council  shall,  in  lieu  of  passing  such  ordinance  or  amendment  to  an 
ordinance,  submit  such  proposed  ordinance,  or  amendment  to  an 
ordinance,  in  the  manner  hereinafter  prescribed  for  ratification  or 
rejection  to  the  qualified  voters  of  the  city  at  the  next  regular  muni¬ 
cipal  election  which  is  to  be  held  not  less  than  sixty  days  after  such 
petition  is  filed.  If  such  petition  contains  a  request  for  a  special 
election  and  is  signed  by  sufficient  qualified  voters  to  equal  in  num¬ 
ber  at  least  fifteen  per  cent  of  the  vote  so  cast  for  the  office  of  mayor 
at  the  last  preceding  regular  municipal  election,  the  ordinance  or 
amendment  thereby  proposed  shall  be  passed  by  the  city  council  with¬ 
out  amendment  or  change,  within  thirty  days  after  such  petition  is 
filed,  or  the  city  council  shall  submit  such  proposed  ordinance  or 
amendment  for  ratification  or  rejection  to  the  qualified  voters  at  a 
special  election  which  shall  be  called  within  thirty  days  and  held  not 
less  than  sixty  nor  more  than  ninety  days  after  such  petition  is  filed, 
unless  a' general  or  special  election  is  fixed  by  law  to  be  held  within 
said  period  of  time.  In  the  latter  event,  said  proposed  ordinance  or 
amendment  shall  be  submitted  far  ratification  or  rejection  at  such 
election.  The  city  council  shall  cause  such  proposed  ordinance  or 
amendment  to  be  printed  and  published  in  some  newspaper  of  general 
circulation  in  the  city  once  each  week  from  the  time  the  council  de¬ 
cides  to  submit  the  same  to  the  voters  until  such  election  is  held.  Nb 
ordinance  or  amendment  to  an  ordinance  adopted  by  the  voters  at 
any  such  election  shall  be  repealed  or  amended  by  the  city  council. 

The  ballot  used  for  any  such  election  shall  have  printed  on  it  the 
title  of  each  ordinance,  or  amendment  to  an  ordinance,  submitted 
for  ratification  or  rejection  and  on  separate  lines  under  said  title  the 
words  “for  said  ordinance”  and  “against  said  ordinance”  (or  the 
amended  part  thereof,  as  the  case  may  be).  If  a  majority  of  the 
qualified  voters  of  the  city  voting  on  any  proposed  ordinance,  shall 
vote  in  favor  thereof,  the  same  shall  thereupon  become  a  valid  ordi- 


64 


nance  and  be  in  full  force  and  effect  at  the  expiration  of  the  period 
of  ten  days  from  and  after  said  election.  If  two  or  more  ordinances, 
or  amendment*  to  ordinances,  adopted  at  the  same  election  are  in¬ 
consistent,  then  the  respective  ordinance,  or  amendment  to  an  ordi¬ 
nance,  receiving  the  largest  affirmative  vote  at  such  election  shall 
prevail,  and  the  form  of  submission  of  inconsistent  ordinances,  or 
parts  thereof,  or  amendments  to  ordinances,  shall  be  in  such  form 
that  the  voters  may  clearly  express  their  choice. 

Sec.  90.  No  ordinance  passed  by  the  city  council  shall  take  effect 

until  the  expiration  of  thirty  days  after  its  final  passage  and  one 
publication  thereof  in  some  newspaper  printed  and  circulated  in  said 
city,  except  an  ordinance  calling  a  special  election  or  necessary  for 
the  immediate  preservation  of  the  public  health  or  public  safety.  If 
within  said  period  of  thirty  days  a  petition  signed  by  sufficient  quali¬ 
fied  voters  of  said  city,  being  in  number  at  least  fifteen  per  cent  of 
the  votes  cast  for  all  the  candidates  for  the  office  of  mayor  at  the  last 
preceding  regular  municipal  election,  shall  be  filed  protesting  against 
such  ordinance,  or  any  part  thereof,  taking  effect,  such  ordinance,  or 
such  part  thereof  so  protested  against,  shall  thereupon  and  thereby 
be  suspended  from  taking  effect,  and  the  city  council  shall  immedi¬ 
ately  again  consider  the  same,  and  if  it  be  not  repealed  or  so  amended 
as  to  meet  the  requirements  of  the  said  protest,  the  city  council 
shall  submit  the  same  for  ratification  or  rejection  t,o  the  quali¬ 
fied  voters  of  the  city  at  the  next  regular  municipal  election  which 
shall  be  held  not  more  than  thirty  days  after  such  petition  is  filed, 
or  at  a  special  election  to  be  called  thereafter  by  the  city  council 
for  that  purpose  to  be  held  in  not  less  than  sixty  days  nor  more  than 
ninety  days  after  such  petition  is  filed,  and  such  ordinance,  or  part 
thereof  so  protested,  shall  not  take  effect  unless  a  majority  of  the 
votes  cast  at  such  election  thereon  shall  be  for  the  ratification  thereof. 
If  such  petition  shall  only  be  signed  by  sufficient  qualified  voters  to 
equal  in  number  at  least  five  per  cent  but  not  sufficient  to  equal  in 
number  at  least  fifteen  per  cent  of  the  votes  cast  for  the  candidates 
for  said  office  of  mayor  at  the  last  preceding  municipal  election,  the 
city  council  shall  submit  such  ordinance,  or  such  part  thereof  so  pro¬ 
tested,  for  ratification  or  rejection  at  the  next  ensuing  regular  muni¬ 
cipal  election  which  is  to  be  held  more  than  thirty  days  after  sucTT 
petition  is  filed.  The  city  council  may,  on  its  own  motion  without 
any  petition  being  required  therefor,  submit  at  a  regular  or  special 
municipal  election  any  ordinance  passed  by  it  in  the  same  manner 


65 


and  with  the  same  force  and  effect  as  hereinbefore  provided.  No 
ordinance,  or  part  of  an  ordinance,  rejected  at  any  election  shall  be 
enacted  or  passed  by  the  city  council  within  the  period  of  twelve 
months  thereafter. 

Sec.  91.  Any  officer  of  the  city  of  Charleston  elected  by  the  voters 
under  the  provisions  of  this  act,  may  be  recalled  and  the  office  de¬ 
clared  vacant  as  provided  in  this  act.  Such  officer  may  be  removed 
from  office  by  a  recall  election  held  thereunder,  but  no  such  officer 
shall  he  removed  from  office  within  the  period  of  four  months  after 
he  enters  upon  the  discharge  of  his  duties  as  such.  Before  any  such 
recall  election  shall  be  held  a  petition,  stating  the  name  or  names 
and  the  office  or  the  officer  or  officers  sought  to  he  recalled,  and  signed 
by  sufficient  qualified  voters  of  the  said  city  as  shall  equal  in  number 
the  quantity  of  twenty-five  per  cent  of  the  votes  cast  in  the  whole 
city  or  in  the  ward,  as  the  case  may  be,  for  all  the  candidates  for  the 
office  of  mayor  at  the  last  preceding  regular  municipal  election,  and 
containing  a  sworn  statement  of  the  grounds  upon  which  it  is  sought 
to  remove  the  said  officer  or  officers,  shall  be  filed  with  the  citv  clerk. 
No  such  petition  shall  be  filed  within  the  period  of  six  months  before 
the  end  of  the  term  of  such  officer.  The  city  council  shall  immedi¬ 
ately,  upon  the  filing  of  said  petition,  call  a  special  election  in  the 
manner  in  this  act  provided  for  calling  special  elections  and  submit 
to  the  voters  the  question  of  recalling  such  officer  or  officers.  The 
ballot  at  such  election,  with  respect  to  each  person  whose  recall  is 
sought,  shall  be  substantially  as  follows:  “Shall  (name  of  person) 
be  removed  from  the  office  of  (name  of  office)  by  recall.”  Immediately 
following  such  question  there  shall  be  on  the  printed  ballot  the  two 
propositions  in  the  order  set  forth: 

“For  the  recall  of  (name  of  person).” 

“Against  the  recall  of  (name  of  person).” 

Immediately  to  the  left  of  said  proposition  shall  be  printed  a 
square  in  which  the  voter,  by  making  a  cross  mark  (X),  or  in 
some  other  way  declaring  their  intention,  may  vote  for  either  of 
such  propositions.  If  sixty  per  cent  of  the  qualified  voters  voting  on 
said  propositions  vote  in  favor  of  the  recall  of  such  officer  or  officers, 
then  he  or  they  shall  thereby  be  forthwith  removed  from  such  office 
and  such  vacancy  or  vacancies  shall  be  filled  as  provided  in  this  act; 
provided,  however,  that  within  fifteen  days  after  the  returns  of  such 
recall  election  shall  have  been  canvassed  by  the  city  council,  a  petition 
signed  by  sufficient  qualified  voters  to  equal  in  number  at  least  thirty 


66 


per  cent  of  the  votes  cast  in  the  city,  or  ward,  as  the  case  may  be, 
for  the  candidates  for  the  office  of  mayor  at  the  last  preceding  regular 
municipal  election,  and  praying  that  such  vacancy  or  vacancies  be 
filled  by  a  special  election  to  be  held  not  less  than  thirty  days  nor 
more  than  forty-five  days  thereafter,  the  city  council  shall  order  a 
special  election  to  be  held  in  the  same  manner  as  other  special  elec¬ 
tions  are  provided  for  in  this  act  for  the  purpose  of  filling  such 
vacancy  or  vacancies. 

Sec.  92.  The  signatures  to  petitions  filed  under  the  provisions  of 
the  last  three  sections  need  not  be  all  on  one  paper  or  one  sheet  of 
paper,  but  separate  petitions  may  be  circulated  and  signed  and  the 
aggregate  number  of  names  on  all  of  such  petitions,  if  equal  to  the 
number  required  in  this  act,  shall  be  sufficient.  The  circulator  of  each 
such  paper  shall  make  and  append  thereto  an  affidavit  that  each 
signature  thereon  is  the  signature  of  the  person  whose  name  it  pur¬ 
ports  to  be.  The  residence  address  of  each  signer  shall  accompany 
the  signature.  All  such  petitions  shall  be  filed  with  the  city  clerk 
and  shall  be  deemed  and  held  to  be  sufficient  if  they  appear  to  be 
signed  by  the  requisite  number  of  signers  and  such  signers  shall  be 
deemed  and  held  to  be  qualified  voters,  unless  a  protest  in  writing, 
under  oath,  shall  be  filed  with  the  city  clerk  by  some  qualified  voter 
within  five  days  after  such  petitions  are  filed,  which  protest  shall  set 
forth  the  name  of  each  signer  protested  against  and  the  ground  there¬ 
for.  It  shall  be  the  duty  of  the  city  clerk  as  soon  as  possible  and 
within  twenty-four  hours  after  the  filing  of  such  protest  to  mail  a 
notice  to  each  signer  so  protested  against  at  his  address  as  given  in 
the  petition,  requiring  him  to  be  and  appear  before  the  city  registrars 
at  a  time  fixed  in  said  notice,  not  less  than  twenty-four  hours  nor 
more  than  forty-eight  hours  after  the  mailing  of  such  notice,  for  the 
purpose  of  defending  his  right  to  sign  said  petition.  If  it  shall  be 
proven  by  satisfactory  evidence  that  such  person  is  not  a  qualified 
signer  of  such  petition,  then  his  name  shall  be  stricken  therefrom. 
All  evidence  taken  shall  be  under  oath,  and  any  signer  present  at  the 
hearing  may  be  called  as  a  witness  by  the  protestant  or  testify  in  his 
own  behalf.  All  hearings  shall  be  summary  and  shall  be  concluded 
within  fifteen  days  after  such  petition  is  filed.  The  city  registrars 
shall  forthwith  certify  the  result  of  their  examination  to  the  city 
clerk  and  such  city  clerk  shall  serve  a  copy  of  such  certificate  upon  the 
person  or  persons  named  in  the  petitiion  as  representing  the  signers 
thereof.  In  the  event  the  petition  shall  be  insufficient  under  the  pro¬ 
visions  of  this  act  it  may  be  withdrawn  by  the  person  or  persons  named 


67 


therein  as  representing  the  signers  thereof  and  may  within  fifteen  days 
thereafter  be  amended  and  added  to  and  refiled  as  an  original  petition. 
When  the  petition  contains  a  sufficient  number  of  qualified  signatures 
the  city  registrars  shall  forthwith  file  the  same  with  the  city  clerk,  and 
he  shall  transmit  the  same  to  the  city  council,  which  shall  call  an 
election  as  provided  for  in  the  three  preceding  sections  of  this  act.  All 
petitions  filed  in  the  city  clerk’s  office  shall  be  public  records.  When 
any  petition  contains  a  form  of  submission  of  the  ordinance  petitioned 
for  and  such  form  is  a  reasonably  fair  description  thereof,  the  same 
shall  be  placed  on  the  ballot  and  no  petition  filed  subsequently  shall 
be  permitted  to  use  any  form  of  submission  that  is  so  similar  to  the 
one  previously  filed  as  to  tend  to  confuse  the  voter,  and,  in  case  of 
such  conflict,  the  person  presenting  the  subsequent  petition  may  file  a 
form  of  submission  which  shall  be  placed  upon  the  ballot,  provided 
the  same  shall  fairly  describe  the  ordinance,  or  amendment  to  an 
ordinance,  petitioned  for  and  shall  not  be  in  conflict  with  any  prior 
forms  of  submission  or  tend  to  confuse  the  voter. 

The  city  council  shall  so  frame  all  forms  of  submission  that  the 
voter  can,  by  making  a  cross  in  a  square  in  front  of  some  appropriate 
words,  vote  either  for  the  ratification  or  the  rejection  of  the  proposed 
measure,  but  no  ballot  shall  be  -rejected  from  which  the  reasonable 
intention  of  the  voter,  however  he  shall  have  marked  the  same,  can 
be  ascertained.  All  city  elections,  regular  or  special,  shall  conform 
as  nearly  as  possible  to  the  election  statutes  contained  in  chapter 
three  of  the  code  of  West  Virginia. 

Sec.  93.  In  addition  to  the  method  of  securing  the  laying  of 
sidewalks  set  out  in  section  forty -nine  of  this  chapter ,  the  coun¬ 
cil  of  said  city  may  cause  any  sidewalk  to  be  constructed ,  laid ', 
relaid ,  or  otherwise  permanently  improved  in  the  city  of  Charles¬ 
ton  in  the  following  manner  and  upon  the  following  terms: 
Notice  shall  first  be  given  the  abutting  property  owners  by  pub¬ 
lication  in  two  newspapers  of  opposite  politics  by  giving  location , 
estimated  frontage  and  depth ,  but  no  error  in  said  publication 
shall  in  any  way  effect  the  validity  of  the  certificates  hereinafter 
provided  for,  or  any  of  them.  The  contract  for  same  shall ,  after 
due  advertisement  in  which  council  shall  reserve  the  right  to 
reject  any  and  all  bids,  be  let  to  the  lowest  responsible  bidder  and 
upon  completion  and  acceptance  of  the  work,  council  shall  order 
the  mayor  and  city  clerk  to  issue  to  the  contractor  doing  the  work 
a  certificate  for  the  amount  of  the  assessment  to  be  paid  by  the 
owner  of  any  lot  or  fractional  part  thereof  fronting  on  such  side- 


68 


walk,  and  the  amount  specified  in  said  assessment  certificate 
shall  be  a  lien  in  the  hands  of  the  holder  thereof  upon  the  lot  or 
part  of  a  lot  fronting  on  such  sidewalk  and  such  certificate  shall 
draw  interest  from  the  date  of  said  assessment ,  and  the  payment 
may  be  enforced  in  the  name  of  the  holder  of  such  certificate  by 
a  proper  suit  in  equity  in  any  court  having  proper  jurisdiction 
to  enforce  such  liens,  and  council  shall  fix  the  amount  of  such 
assessments  and  do  all  things  in  connection  therewith  necessary 
to  make  them  valid  and  do  all  other  things  in  connection  there¬ 
with  as  is  provided  for  paving  or  improving  streets  and  alleys 
and  such  certificates  shall  be  issued  one  for  each  abutting  lot  or 
portion  thereof  payable  six  months  from  the  date  of  the  com¬ 
pletion  and  acceptance  of  the  work  and  shall  be  a  lien  in  the 
hands  of  the  holder  thereof  upon  the  particular  lot  against  which 
they  are  assessed  in  the  same  way  and  manner  that  assessments 
for  street  paving  liens  under  the  other  provisions  of  the  afore¬ 
said  act  creating  and  amending  the  charter  of  the  city  of  Charles¬ 
ton;  provided,  however,  that  council  shall  not  order  any  but 

concrete  sidewalks;  and,  provided,  further,  that  council  shall  not 

advertise  for  bids  for  any  one  letting  of  less  than  five  thousand 
square  feet;  a?id,  further  provided,  that  council  shall  not  receive 

any  bids  or  let  any  sidewalk  contract  between  the  first  day  of 
October  and  the  first  day  of  March  of  any  years.  Nothing  in 
this  section  shall  be  so  construed  as  to  prevent  any  abutting  lot 
owner  from  having  his  own  sidewalk  put  in  if  done  before  the 
advertising  hereinbefore  mentioned  and  provided  same  is  done 
according  to  the  lines,  grades  and  specifications  of  the  city  en¬ 
gineer,  for  which  no  charge  shall  be  made.  The  total  cost  of  con¬ 
structing,  laying,  relaying,  or  otherwise  permanently  improving 
any  sidewalk  or  walks  shall  be  borne  by  the  owners  of  the  land 
abutting  upon  said  sidewalk  or  sidewalks  according  to  the  follow¬ 
ing  plan,  that  is  to  say,  payment  is  to  be  made  according  to  the 
proportion  of  square  feet  in  front  of  any  lot  or  portion  thereof 
bears  to  the  whole  letting.  The  contract  for  sidewalks  referred 
to  in  this  section  does  not  necessarily  have  to  be  one  continuous 
sidewalk,  but  the  five  thousand  square  feet  required  for  a  letting 
as  aforesaid  may  be  made  up  of  or  composed  of  any  number  of 
sidewalks  in  any  parts  of  the  city. 

Sec.  93-a.  The  county  assessor  shall  furnish  transcript  of 
real  and  personal  property  on  or  about  the  tenth  day  of  Septem- 


69 


ber  of  each  year  and  his  fee  for  same  shall  be  not  less  than  four 
hundred  nor  more  than  seven  hundred  dollars  for  mch  work. 

Sec.  9Jf-.  The  police  judge,  mayor  and  city  clerk  shall  each 
have  authority  to  issue  process  for  all  offenses  committed  within 
the  police  jurisdiction  of  the  city  of  Charleston  for  all  violations 
of  any  city  ordinances.  Any  vacancy  in  the  office  of  police  judge 
shall  be  filled  by  appointment  by  the  mayor  until  the  next  elec¬ 
tion. 

Sec.  95.  No  ordinance  passed  by  the  city  council  shall  take 
effect  until  five  days  after  its  final  passage  and'  one  publication  of 
the  caption  or  title  thereof  only  shall  be  made  during  said  five 
days  in  some  daily  newspaper  printed  and  circulated  in  said  city, 
except  an  ordinance  necessary  for  the  immediate  preservation  of 
the  public  health  or  public  safety.  Such  caption  of  title  shall 
distinctly  state  the  full  purport  of  the  ordinance  so  passed  and 
printed. 

Sec.  96.  The  health  commissioner  shall  be  a  physician  of  good 
standing  in  his  profession  and  shall  devote  his  time  to  city  work 
alone.  It  shall  be  his  duty  to  administer  to  all  charity  cases  that 
he  may,  in  his  discretion,  deem  deserving.  lie  shall  in  conjunc¬ 
tion  with  the  city  manager,  have  charge  of  the  general  health 
and  sanitation  of  the  city  and  it  shall  be  his  duty  to  carefully  in¬ 
vestigate  all  complaints  and  make  a  careful  detailed  report  of 
all  his  official  acts  as  health  commissioner  to  the  city  manager 
and  council  at  least  once  every  month.  He  shall  be  appointed  in 
the  way  and  manner  provided  in  the  charter  of  the  city  of 
Charleston  and  shall  receive  such  salary  as  council  may  by  ordi¬ 
nance  prescribe.  Nothing  herein,  however,  shall  be  construed  as 
in  any  way  affecting  the  police  officers  of  the  city  relative  to  their 
powers  and  duties  in  regard  to  city  sanitation  contained  and  set 
forth  elsewhere  in  said  charter. 

Sec.  97,  It  shall  be  the  duty  of  the  mayor  to  appoint  a  reputa¬ 
ble  woman  who  shall  be  known  as  police  matron,  and  such  police 
matron  shall  have  all  the  qualifications  and  be  subject  to  all  the 
provisions  of  chapter  eighteen  of  the  acts  of  the  legislature  of 
one  thousand  nine  hundred  and  eleven.  The  council  of  the  city 
of  Charleston  shall  provide  a  reasonable  salary  not  to  exceed 
twelve  hundred  dollars  therefor  and  do  all  of  the  things  required 
by  the  council  under  the  provisions  of  said  chapter  eighteen  of 
the  acts  of  the  legislature  of  one  thousand  nine  hundred  and 
eleven  and  any  amendments  thereto. 


70 


Sec.  98.  The  city  council  shall  cause  any  contract  for  the 
codifying  and  indexing  of  all  the  ordinances  of  the  city  to  be 
fully  completed,  and  such  ordinances  shall  include  all  in  force 
and  effect  up  to  the  last  day  possible.  Before  such  work  is  ac¬ 
cepted  by  the  council,  it  shall  be  completed  in  every  respect  and 
the  council  shall  then  cause  it  to  be  properly  printed  and  securely 
bound  in  a  permanent  book.  The  council  may  by  ordinance 
adopt  the  code  to  be  prepared  as  a  whole  and  when  said  ordinance 
adopting  said  code  shall  have  been  passed  by  the  council  the  said 
code  shall  .  be  and  become  the  law  and  ordinances  of 
said  city  up  to  such  time  according  to  the  tenor  and  effect  there¬ 
of,  and  when  printed  in  a  book,  the  same  shall  be  received  as 
evidence  as  the  ordinances  of  said  city,  unless  errors  or  omissions 
be  affirmatively  shown  therein,  and  no  other  publication  thereof 
shall  be  made  or  required  under  the  charter,  and  the  council  shall 
cause  all  the  ordinances  of  said  city,  either  by  printing  a  supple¬ 
ment  thereof,  to  be  brought  up  to  date  within  a  reasonable  time 
after  the  printing  of  such  ordinances,  and  in  any  event  such  sup¬ 
plement  shall  be  printed ,  or,  if  necessary,  a  new  copy  of  the 
ordinances  shall  be  printed  within  every  four  years,  and  the 
council  shall  cause  a  sufficient  number  of  said  books  of  the  ordi¬ 
nances  to  be  printed  and  to  sell  such  number  thereof  as  it  may 
do  so  at  such  price  as  may  be  reasonable,  and  the  number  of  books 
printed  shall  be  fixed  by  the  council. 

Sec.  99.  It  shall  be  the  duty  of  the  city  of  Charleston  to  pro¬ 
vide  suitable  and  proper  places  for  the  burial  of  the  dead,  which 
places  may  be  in  or  out  of  the  corporate  limits  of  the  said  city 
The  city  shall  cause  such  places  to  be  laid  off  into  cemetery  lots 
in  a  reasonable  and  proper  way  and  shall  sell  said  lots  for  a  rea¬ 
sonable  price,  but  it  may  take  into  consideration  the  location  of 
each  of  such  lots  in  fixing  the  prices  thereof.  The  city  council 
shall  have  all  the  powers  and  rights  of  condemnation  of  any  real 
estate  that  it  may  wish  for  such  purpose  in  the  manner  provided 
by  law,  and  it  may  require  by  means  of  condemnation  any  real, 
estate  which  has  already  been  laid  out  as  a  cemetery  by  any  per¬ 
son,  association  or  corporation. 

No  burials  of  the  bodies  of  deceased  persons  shall  hereafter  be 
permitted  within  the  incorporated  limits  of  the  city  of  Charles¬ 
ton  or  ivithin  the  space  of  one  mile  of  such  incorporated  limits 
without  the.  permission  of  said  city  shall  be  first  had  and  ob¬ 
tained,  and  the  city  of  Charleston,  through  its  proper  authorities, 


71 


shall  have  power  to  pass  all  proper  ordinances  providing  suitable 
penalties  to  carry  out  the  powers  here  given  said  city. 

No  moneys  received  from  the  sale  of  lots  in  any  cemetery  so 
owned ,  or  hereafter  owned ,  by  said  city  shall  be  used  for  any 
other  purpose  than  the  proper  care  and  preparation  of  the 
ground ,  upkeep  and  expenses  of  said  cemetery,  the  roads  and 
ways  to  and  through  the  same  and  for  the  purchase  of  additional 
property  for  cemetery  purposes.  Provided,  however,  that  nothing 

herein  contained  shall  in  anywise  affect  any  person,  firm  or  cor¬ 
poration  now  lawfully  engaged  in  the  sale  of  cemetery  lots,  unless 
such  property  be  acquired  by  the  city  through  purchase  or  con¬ 
demnation. 

Sec.  100.  The  building  inspector  shall  be  a  competent  person 
for  the  duties  of  his  office  and  shall  devote  all  his  time  to  city, 
work.  He  shall  not  be  engaged  or  interested  in  the  building 
business  in  any  way  or  manner.  The  council  shall  by  ordinance 
fix  a  proper  salary  for  him, .  He  shall  see  that  the  ordinances  of 
the  city  and  laws  of  the  state  concerning  buildings  are  enforced 
and  perform  such  other  duties  as  the  manager  or  council  may 
direct. 

Sec.  101.  The  council  shall  have  power  to  buy,  sell  or  ex¬ 
change  any  real  estate  found  necessary  or  convenient,  in  the 
opening,  construction,  straightening,  widening,  or  otherwise 
altering  of  any  street,  alley  or  public  way  within  the  city .  and  by 
resolution  and  proper  deed  to  convey  to  any  person,  firm  or  cor¬ 
poration  any  land  used,  or  heretofore  or  hereafter  used,  for  street 
or  other  public  purpose,  when  in  the  judgment  of  the  council 
such  land  shall  no  longer  be  needed  for  such  public  use. 


INDEX 


i  1,1 

Section 

Action  for  damages  .  72 

Advertising .  7 

Alleys  .  7 

Appeals  . 44 

Papers  . 44 

Appointment  of  officers .  35 

Assessor,  county  .  93-a 

Authority  of  city . 6-7 

Auditing  .  13 

Ballots,  how  prepared .  12 

Commissioner  . 83 

Bail,  how  given  .  46 

Bonds,  refunding  .  75 

Bonds,  of  officers  .  25 

By  whom  taken . 25 

Issue  of  .  60-74 

Where  deposited .  25 

Boundary  of  wards  .  3 

Of  city  .  2 

Bribery  . . . . .  32 

Bridges  .  6-7-59-75 

City  may  own .  59 

Building  regulations .  7 

Inspector  .  35-100' 

Burial  of  dead  .  99 

Candidates,  nomination  of . 10 

Qualifications  of .  4 

Capitation  Tax  .  51 

Cemetery  .  99 

City  building  . . . f .  7 

Records  to  be  kept .  20 

City  jail  .  75 

City  clerk,  appointment  of .  35 

Copy  register  of  voters .  9 


74 

Clerk  of  council .  28 

Police  judge .  45 

May  take  bond  .  45 

Bond  of .  25 

Certify  assessment  . .  61 

Civil  Service  Board  .  77 

As  to  elections  .  83 

City  collector,  appointment  of .  5 

Bond  of  . ' .  25 

Duties  of . .  52 

To  collect  claims .  53 

City  elections  . . .  .* .  7 

City  funds,  where  deposited .  58 

City  solicitor  . w .  35 

Duties  of .  35 

Salary  of .  35 

Civil  Service  Board  .  77-78 

City  code .  42-98 

Comfort  stations  .  75 

Commissioners  of  Election .  11 

Committees,  appointment  of .  39 

Commitment  of  prisoners .  44 

Term  of  .  44 

Contempts .  33 

Corporation  limits .  2 

Corporate  powers  .  6-7 

Councilmen,  number  of  . 13 

Term  of  office  .  35 

Qualifications  . 13  ' 

Bribery  of . <. .  32 

Salary  of  .  86 

Vacation  of  office  .  13-19 

Council,  power  of .  6-7-13-17-101 

Meetings  of  . 20 

Special  meetings  .  22 

Minutes  of .  20-28 

To  meet  at  city  building . 20 

May  order  sanitation  .  47 

Regulate  sidewalks  .  49-93 

Provide  for  paving .  60-61-69 

Provide  for  sewers  .  62 

f. 


75 


* 


Hear  charges  against  officers  . . , 

Canvassing  board . 

How  vacated  . 

May  not  act  while  candidate  . . 

Damages,  suits  for  . 

Dogs,  taxes  on  . 

Domain,  eminent  . . 

Elections,  time  and  place  of  holding 

Contested  . . 

/ 

Precincts . 

Canvassing  board . 

Oaths  of  commissioners . . 

City  clerk  . . 

Iniative,  referendum  . 

Conform  to  state  laws  . 

Electric  wiring  . „ . . 

Eminent  domain  . 

Failure  to  qualify  . . 

Ferries  . 

Finance  . 

Fines  . 

Fire  department  . 

Chief  of  . 

Civil  Service  . 

Mayor  may  remove . 

Appointment  of . 

Members  at  elections  . 

Stations  for  . 

Fires,  prevention  of  . 

Fireworks,  use  and  sale . 

Franchise,  how  granted  . 

Value  of  . 

Votes  to  pass  . 

Publication  of  . 

Gaming  . 

Gas  works,  city  may  own . 

Health  commissioner . 

Hospitals,  city  may  establish . 

Improvements,  cost  of  . 

Initiative . 

Inspection  of  building  . 


.  80 
23-82 
.  86  ' 
.  82 
.  72 

7-51 
7 

.  82 
.  23 

3 

.  82 
.  83 

.  83 

89-90 
.  92 

7 
7 
7 
7 

.  18 
35-44 
.  7 

.  35 

77-78 
.  77 

.  78 

.  79 

.  75 

7 
7 

.  37 

.  37 

.  37 

.  38 

7 
7 

.  96 

.  76 

.  71 

.  89 

7 


76 


& 


Interments  .  99 

Jail,  establishment  of . 7-75 

*  Levy,  how  laid  .  50 

Limitations  of  .  50-53 

Libraries,  city  may  establish  .  76 

Licenses,  vehicles  and  dogs  .  51 

Lien  for  taxes,  how  enforced .  55 

Manager,  appointment  of  . . . .  35-36 

Salary  of  . . .  36 

Employ  assistants  . . .  35-36 

duties  of  . 36-47-48 

Report  of  .  87 

Mayor,  duties  of  .  15-30-35-97 

Sign  minutes  . § .  28 

To  make  appointments  . 19 

Vacancy  in  office  .  31 

Salary  of  .  35 

Eligibility  for  re-election  .  35 

May  vote,  when  .  15 

Municipal  authorities  .  4-5 

Municipal  ownership  .  7-59-75 

Name  of  corporation  .  1 

Nomination  of  candidates  .  10 

Nuisances  .  ~  47 

Notices,  how  served .  64-81 

Oaths  of  officers  . 24 

Officers,  how  appointed  .  19 

How  removed .  19 

Bonds  of  .  25 

Not  to  be  absent  .  34 

Qualifications  of  .  4 

Conservator  of  peace .  33 

Changes  against  .  80 

Terms  of .  35 

Ordinances,  council  may  pass .  17 

Auditing  .  19 

Granting  franchise . * .  37-38 

Style  of  .  39 

How  passed  .  41 

On  record .  42 

Signed  by  mayor  . 42 


77 


Code  of  . 

What  in  effect  . 

To  take  effect  ....... 

How  construed . 

Paving  certificates . 

Paving,  how  done . 

Who  pays  for  . 

For  intersections  . . . 

Materials  for  . 

Along  public  property 

Police,  chief  of . 

Report  nuisances  . . . 

How  appointed  . 

How  discharged  .... 

Duties  of  . 

Humane  officers . 

Police  judge  . 

Powers  and  duties  . . . 

Police  matron  . 

Precinct  lines . 

President  pro-tem . 

Prisoners  on  streets  . 

Process  . 

Property  books . 

Qualifications  of  voters  .  . . 

Of  officers  . 

Quorum  . 

Real  estate  . 

Recall . 

Record  . 

Referendum,  on  ordinances 

On  franchise  . 

Registration  of  voters  .  . . 

Registrars  . 

Rules  . 

Re-paving  . 

Sewers,  owners  to  connect 
How  provided  for 

Assessment  for . 

Resolution  for  . 

Sidewalks  . 

« 


.  42-98 

.  84 

.  95 

.  73 

.  88 

.  60-61-63-88 

.  60-63 

.  61-65 

.  67-68 

.  70 

.  35 

.  47 

.  35-85 

.  85 

.  85 

.  85 

.  35 

.  35-44-45 

.  97 

.  3 

.  15 

.  44 

.  95 

. 93-a 

.  8 

.  4 

.  26 

.  7-101 

.  91-93 

.  20 

.  89-90 

.  38 

.  8-9-75 

. 9 

pages  2  &  3  and  20 

. . 65 

. . .  62 

.  62-69 

.  62-63-64 

.  63 

.  49-93 


78 


Taxes,  assessment  of  .  67 

Levy  of  .  50-51 

Collection  of .  52 

Tickets,  how  divided .  52 

In  what  paid .  52 

Property  liable  for . . . .  54 

Property  exempt  .  57 

Treasurer,  election  of  .  35 

Bond  of  .  25 

Duties  of  .  58 

Vacancies,  how  filled  .  31 

Voters,  qualifications  of  . 8 

Vote,  how  taken .  27 

Warrants,  by  whom  issued .  44 

Ward  boundaries  .  3 

Witnesses  . . 33 


